Does an occupier's duty not extend to supervising an experienced tradesperson in the carrying out of his or her occupation?

British Columbia, Canada


The following excerpt is from Woo v Crème De La Crumb Bakeshop & Catering Ltd., 2019 BCSC 1752 (CanLII):

The defendant relies on a number of cases where it has been held that an occupier’s duty does not extend to supervising an experienced tradesperson in the carrying out of his or her occupation: a) Beronja v. Nagra et al, 2004 BCSC 371 - The plaintiff was hired by the defendants to paint the interior of their home. When that job was done, he went onto the defendant’s roof to reattach a television cable wire that had become disconnected. While descending, he fell off the ladder he had used to access the roof and was injured. Madam Justice Wedge dismissed the claim on a summary trial. She held that as occupiers, the defendants’ duty was to take reasonable care to see that persons using the premises were reasonably safe. However:

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