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Injured MOTORCYCLIST alleges QUICK CLOSE garage door injury ( non condo ) NADEAU v CBRE et al 2020/08/15 19:06  
Again not legal advice.

Occupiers with auto garage doors ( like many condo corporations ) might be wise to check out a ( non-condo ) occupier liability litigation by an injured Guelph motorcyclist.

Dependent on lots of site factors, would a DOOR OPEN duration set at only 10.2 or 10.3 seconds be too short to be safe for users ? Just try timing 10.2 seconds yourself.

How slow are most motorcylists ( like the plaintiff ), whose counsel argues that the approximately 15 second FULL door cycle was so brief in 2014 that injury is /was foreseeable ? Management chose ( at installation 4 years earlier ) to have it shortened from a default of 35 seconds.

Along with interesting discussions of Ontario's Occupier Liability legislation since the notorious Rankins Garage epic ( juvenile car thief injured 50 Km offsite ) , this offers food for thought about possible trade-offs between garage security & garage door injury claims.

At year five and a half since the 2014 injury the litigation only reached early rounds in Ontario Superior Court.

Included are cross-claims between management, garage maintainers and separate door repairers, none reportedly who ever raised an alert ( that's if - IF - one actually should have been raised at all ).

Likely more to come . . .

Nadeau v. CBRE Ltd et al 2020 ONSC 1150 issued Feb 24/20

Nadeau v. Haws, 2020 ONSC 4826
issued Aug 11/20

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and some general reading not including this claim : March 5/20 A Loeb LLB (Shibley Righton LLP.) “Resident vehicle damages: Are you liable ? A case for due diligence”
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