On July 24, 2026 the Honourable Justice Klein of the British Columbia Supreme Court provided his Reasons for Judgement in the matter of Tu v 12300118 Holdings Ltd, indexed as 2026 BCSC 1387.
The facts of the action were quite simple: the plaintiff was shopping for produce, did not see any debris or hazard on the ground, slipped and landed on the floor, while on the floor observed some debris. The plaintiff sued the landlord and the retailer in negligence for failing to keep the premises reasonably safe for customers. In British Columbia, retail operators are required to keep their stores reasonable safe for customers.
The landlord and retailer defended the action, and resisted the plaintiff’s claim on the basis (among other defences) that even if the plaintiff did slip on debris, the store was reasonably safe, and that was all that was required. Retailers are required to keep their premises reasonably safe, but perfection is not required.
The retailer had a comprehensive inspection and maintenance system in place to keep customers safe. Evidence of this was presented during a summary trial motion, and the court ruled in favour of the defendants, finding they did all they were required to do. The court also made some instructive comments on these types of application: should the plaintiff dispute that the store was reasonably safe, or take issue with any of the evidence put in by the retailer, they must put in their own evidence to support their arguments. Where a plaintiff merely takes issues with the evidence presented by the retailer, but offers none of their own, the court may rule on what evidence is before the court. Where there is only evidence in support of the defendants, the outcome will follow in their favour.