Can an employee who climbs a ladder to retrieve a customer's merchandise be held responsible for the injury?
British Columbia, Canada
The following excerpt is from Nerland v. Toronto-Dominion Bank, 2016 BCSC 45 (CanLII):
Counsel for the plaintiff cites Lee v. Ghadery, [1999] B.C.J. No. 2934 (S.C.), where a Walmart employee climbed a ladder to retrieve some merchandise for the plaintiff. The plaintiff held the ladder steady. The employee had neglected to secure the ladder and the plaintiff was injured as a result. Mr. Justice Josephson found the defendants liable at common law, but noted in dicta that although the ladder, being a chattel, is excluded from the definition of “premises”, the use of the ladder might constitute an activity conducted on the premises within the meaning of s. 3(2)(b) of the OLA.
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