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#18717
ELEVATOR BREAKDOWNS : Bill 109, Reliable Elevators Act, 2017; another injured geriatric claimant 2017/04/16 15:04  
With multi-party support Liberal 'backbencher' Han Dong's Bill 109, Reliable Elevators Act, 2017 reminds that an election approaches.

And that the Legislature's front benches should start listening for a short while to individual members and to property & civil rights.

MPP Dong's Bill 109 happens to be arriving along with another ( allegedly ) injured geriatric condo owner facing the usual tough burden to prove elevator injuries.

This $25 K claim however MAY be in Ontario ( SC's) Small Claims with $25 K limit and guidelined 15 % limit on adverse costs to lose


1- Smookler v Schindler & MTCC 590 $25 K ? Small Claims ?
April 14/17 ToStar/CP “Man sues elevator company, condo corporation over mishap, saying he hurt leg in fall.

87 year old resident Kenneth Smookler says the elevator stopped 25 centimetres above the floor, causing him to fall and injure his knee.”

https://www.thestar.com/news/canada/2017/04/14/man-sues-elevator-company-over-mishap-in-condo-says- he-hurt-leg-in-fall.html

2 - Bill 109, Reliable Elevators Act, 2017 http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=4638

( “An Act to amend the Building Code Act, 1992 and the Consumer Protection Act, 2002 in respect of elevators and elevating device mechanics” )

. . . . The Act is amended by adding the following Part: Part V.1
Repairs to Elevators
Timely repair of elevators

54.1 (1) The contractor responsible for maintaining an elevator that becomes unavailable for use because it needs repair shall ensure that the elevator is repaired,

(a) in accordance with the regulations governing the timely repair of elevators by contractors; or

(b) if those regulations have not been made,
(i) 14 days after the day the contractor first learns of the problem, or
(ii) seven days after the day the contractor first learns of the problem, if the elevator is in a long-term care home as defined in subsection 2 (1) of the Long-Term Care Homes Act, 2007 or is in a retirement home as defined in subsection 2 (1) of the Retirement Homes Act, 2010.

The day the contractor first learns of the problem

(2) For the purposes of this section, the day the contractor first learns of the problem is the earlier of the day that the contractor first,
(a) is informed that the elevator is unavailable for use; or
(b) discovers an issue that a reasonable contractor would respond to by taking steps to make the elevator unavailable for use until it can be repaired. . . .

3 - Mr Smookler's claims are unproven allegations without any endorsement nor evaluation herein possible.
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#18718
Re:ELEVATOR BREAKDOWNS : Bill 109, Reliable Elevators Act, 2017; another injured geriatric claimant 2017/04/16 22:23  
Interesting indeed. During my first term as a director here we were hit with a $1.5 M claim, because a past president fell when the cab did not align with the floor.

That falls under "insured claim", in condo land. We got new elevators too. We won't talk about how they financed that.

Slip and fall lawyers are yet another problem condos face, when they know there is insurance.

There is no question that boards should not be saving money on running the elevators, with no service contracts or failing parts.
Richard Forster
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#18719
Will Bill 109, Reliable Elevators Act, 2017 be the final death knell for older elevators ? 2017/04/16 23:10  
Hi Richard.

1 - If passed, will the Bill effectively be the death knell of SOME older elevators ?

In between retirements I managed a portfolio that included a seniors multi-story with a single elevator approximately 25 years old.

One breakdown in 2007 lasted more than 6 weeks because new software & certain physical relays had to be crafted in the States.

With decades of changes, the issue even by then was that the industry had already "consolidated" and would make more bucks by selling new elevators than patching quarter century old stuff.

I wonder what elevator manufacturing shareholder would want the company to do anything but spin off repair divisions ?

Or at least those now proposed to face legislated 14 day deadlines / other prescribed ones that might require lengthy special fabrication or patch-up ?

2 Could sometimes be a darn rough legal ride for seniors injured on elevators, particularly unwitnessed or vigorously defended by insurers and manufacturers :

http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&catid=2&id=17813#17813

Green v YRCC 834 et al 2013 ONSC 6669 issued Oct 24/13 http://canlii.ca/t/g1mn2

Losing injured geriatric claimant - now 80 & claiming relative indigency – is now hit with ( in addition to her own counsel’s costs ) $28,430.66 all inclusive out of ThyssenKrupp’s total defending claims for $ 81, 385.51 all inclusive despite refusing some offers to settle.

Could have been worse : the litigation totally lost by elevator door closure injury claimant geriatric in St Louis-Lalonde v CCC 12 2005 canlii 23112 issued June 27/05 ; defendants Vanier condo corp & elevator servicers sought total $ 96,500 -2005/ defence rec’d $75,000 & another $10,000 ONCA for lost appeal in 2007 http://canlii.ca/t/1l38w
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