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Old 12-24-2019, 11:56 AM   #53
blankall
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Quote:
Originally Posted by DionTheDman View Post
I completely disagree. I did see that you perhaps dabble in PI, but I practice PI law exclusively and so I say with confidence that this is incorrect.



I never said there's no case because the fall happened on the sidewalk. The entire basis of a prospective claim may hinge on where the fall occurred, whether it is a privately-owned or public walkway. And that's before even considering whether there was any failure under the OLA.
I don't dabble in pi. I practiced it exclusively for many years, albeit in BC. It looks like the tests in Alberta are more stringent. However, there are multiple PI firms advertising for slip and fall cases on sidewalks. So it's obviously a thing.

I definitely wouldn't just dismiss a case outright because the fall was on a publicly owned sidewalk. Like I said the bylaws and the OLA can be used. Otherwise factors like the size of the hotel, for traffic, how close the fall was to the entrance, etc .. Will going into play.

Once again the OP needs to speak to a lawyer. There's zero harm in doing so, as they won't charge you for a consultation.
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