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. 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 appeal established a new law for slip and fall cases.
Injured Plaintiff was not Required to Prove Precise Location of Fall