What are the factors used by the courts to determine whether an occupier has fulfilled his or her duty under section 264(1) of the Occupational Health and Safety Act?
British Columbia, Canada
The following excerpt is from Lovely v. Kamloops (City), 2009 BCSC 1359 (CanLII):
In Arkesteyn v. Burgess, [1989] B.C.J. No. 264 (S.C.) the court identified four factors that may be considered in deciding whether an occupier has fulfilled his or her duty under the legislation. These were: whether there was an unusual danger (this was said to be the first and most important factor); whether there were posted warning signs; the ease or difficulty and the expense with which the unusual danger could have been remedied; and the prior record of safe usage of the premises.
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