• Dhaliwal v. Premier Fitness Clubs Inc.
  • January 30, 2013 | Author: Robin Squires
  • Law Firm: Borden Ladner Gervais LLP - Toronto Office
  • In a recent judgment of the Ontario Superior Court of Justice, Justice K.L. Campbell held Premier Fitness Clubs Inc. (“Premier Fitness”) liable under the Occupier’s Liability Act for the Plaintiff’s finger amputation after he slipped while using a weight machine at a fitness club. Premier Fitness was liable even though they had a reasonable maintenance system (the “Maintenance System”) in place. The court found in favour of the plaintiff despite the fact that Premier Fitness appears to have had a maintenance system in place that met the standard of care.