Relevance of Post-Accident Remedial Measures

In Kruger v. Queen Elizabeth Hotel GP Inc., 2021 ONSC 3097, the court considered a refusals motion in a slip and fall case.

Two of the refusals motions related to post-accident remedial measures taken by the defendant. The plaintiff asked for any relevant emails regarding anti-slip material that was used after the date of the accident.  The plaintiff also asked whether a different policy of inspection was implemented after the accident.

Master McAfee referred to prior case law which indicated that questions concerning remedial measures are proper, at least for the purposes of examinations for discovery. This does not necessarily mean that evidence of post-accident remedial measures are admissible at trial. Matters of admissibility and weight should be determined by the trial judge.

Master McAfee held that the questions were relevant to the issues raised in the statement of claim and were required to be answered by the defendant.