Knowledge Centre

Court denies double party and party costs where the offer to settle contained no compromise

February 2016 Cox & Palmer, Newfoundland & Labrador

Hawkins v Village Mall Shopping Centre (2006) Inc., 2015 NLTD(G) 136

At trial (2015 NLTD(G) 59), Hawkins failed to prove any negligence with regards to her slip and fall in the Mall’s parking lot.  The trial judge weighed an unusual freeze event against the reasonableness of the Mall’s de-icing practices.  While ineffective, the trial judge found the cleaning system to be as reasonable a response as could be expected.

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