The Law of Occupiers' Liability

The Law of Occupiers' Liability

Alan Preyra, Emily Unrau
General Editor(s): Barbara Legate, Deborah Berlach
Coming Soon

Slip-and-fall accidents rank among the most common property accidents in Canada. Statistics Canada documents that as many as 1.7 million falls occur for people age 12 and older every year, accounting for about 40 percent of all injuries. Additional slip-and-fall statistics from the Canadian Institute for Health Information show that four out of five hospitalizations involving seniors were caused by falls.

The Law of Occupiers’ Liability is the only resource of its kind to offer a balanced, up-to-date guide to one of the most common and continually evolving areas in personal injury practice. Authored by Alan Preyra (Ontario, plaintiff side) and Emily Unrau (British Columbia, defence side), this text provides an analysis of the legislation, case law, and procedural issues governing slips, trips, and falls across Ontario, British Columbia, and Alberta. Drawing on both plaintiff and defence perspectives, it delivers a uniquely comprehensive analysis and practical guidance for all parties.

In addition to legal analysis, this resource delivers step-by-step guidance through each stage of the litigation process, including document disclosure, examinations for discovery, expert evidence, summary claims, and more. It also addresses key topics, such as duty of care, available defences, municipal notice and limitation provisions, the shift from common law to statutory duties, and the treatment of multiple occupiers and independent contractors.

Providing authoritative commentary and actionable guidance, this resource equips practitioners with the knowledge and skills required to confidently navigate occupiers’ liability cases—making it essential reading for personal injury lawyers, municipal counsel, insurers, judges, and other legal professionals.
 

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$139.00
  • ISBN/ISSN: 978-1-77462-745-7
  • Status: Coming Soon
  • Cover: Softcover

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  • ISBN/ISSN: 978-1-77462-746-4
  • Status: Coming Soon
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ISBN
978-1-77462-745-7
Page Count
500
Publisher
Emond Publishing
Publication Date
December 2025
Status
Coming Soon
Subjects
Personal Injury
Tags
Practice Canadian Law

  • Discussion of leading cases on the Act as well as the Rules of Civil Procedure, RRO 1990, Reg 194, governing how these cases are managed. 

  • Coverage of core negligence principles: duty of care, standard of care, causation, and damages.  

  • Analysis of common defences in occupiers’ liability cases. 

  • Practical guidance on using expert witnesses to defend against or establish liability—determining when expert evidence is necessary, retaining an expert, and ensuring the report meets admissibility standards. 

  • A dedicated chapter devoted to summary judgements and trials, outlining strategic and procedural considerations.  

  • Comprehensive coverage on proceeding to discovery and trial to support new lawyers.  

  • A foreword written by The Honourable Darla A. Wilson of the Ontario Court of Appeal.

  • Practice Tips sections that provide readers with decades worth of litigation experience 

  • Case boxes, highlighting key decisions. 

Chapter 1: Introduction
Chapter 2: Occupiers
Chapter 3: Notice and Limitation Periods
Chapter 4: Visitors
Chapter 5: Premises
Chapter 6: Duty of Care
Chapter 7: Common Occurrences in Occupiers’ Liability
Chapter 8: Defences
Chapter 9: Scope and Production of Documents
Chapter 10: Examinations of Parties Under Oath
Chapter 11: Use of Summary Judgment or Summary Trial to Determine Liability

Chapter 1: Introduction (coming soon)


 
 

“The book will be extremely helpful to practitioners because it also deals with steps in the litigation process, such as preparing for and attending examinations for discovery and the use of experts to assist with establishing negligence and defending these claims.”

—The Honourable Darla A. Wilson of the Ontario Court of Appeal