What is the test for contributory and indemnity in slip and fall cases?

There are quite a number of cases that have dealt with this issue. These cases are carefully reviewed by Strathy J. (as he then was) in Sale v. O’Grady’s Restaurant, 2011 ONSC 2437 (CanLII), [2011] O.J. No. 1915. In that case, the plaintiff had suffered two slip and fall accidents within a two year period. The action was commenced against the defendant in connection with the first accident. After learning of the subsequent slip and fall accident, the defendant brought a third party claim against the home owner where such accident occurred. The third party moved to have the third party claim struck out on the basis that there would be no need for contribution and indemnity since each party would only be held liable for their degree of responsibility for the plaintiff’s injuries. After a careful review of the case law, Strathy J. makes the following observations and draws the following conclusions: