A First in Canada for Trip and Fall Cases
For the first time in Canada, Alfred Kwinter established that one does not need to remember the exact location of an accidental fall to be reimbursed for injuries. Mrs. Norma Kamin fell in the parking lot outside the popular Kawartha Dairy and broke her hip. As the lot was in poor repair, Alfred Kwinter argued that the condition of the lot “most likely” caused the fall, although the exact location could not be determined. The Ontario Court of Appeal agreed. This decision changed the long established law in trip and fall cases which since 1949 had stated that to succeed a plaintiff had to know the location of the fall. Singer Kwinter changed that law.