What is the test for determining whether a motel is liable to a restaurant that leases parking spaces from the motel?
British Columbia, Canada
The following excerpt is from Vernon Vipers Hockey Club v. Canadian Recreation Excellence (Vernon) Corporation, 2012 BCCA 291 (CanLII):
The final judgment cited by the appellants is McGeough v. Stay ‘N Save Motor Inns Inc. (1993), 40 A.C.W.S. (3d) 966 (B.C.S.C.). In that case there was a contract between a restaurant and a motel, by which the restaurant leased parking spaces from the motel. The restaurant also added the motel as an additional insured on its (the restaurant’s) insurance policy, but only with respect to liability arising out of the restaurant’s operations. The motel retained responsibility for maintaining the parking spots. A woman sued the motel after she fell and injured herself in the parking lot on her way into the restaurant. The trial judge held that the motel’s liability arose out of the restaurant’s operations. The judgment was overturned on appeal for reasons unrelated to this issue.
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