Facility Forum - Fall 2016 - 11

This diamond was more appropriate for Tyke or Peewee leagues. According to the municipality's guidelines that had been instituted about 15 years before, this diamond was not the size intended for men's league play. In our defence counsel's opinion, the municipality was an occupier of this park and baseball diamond as per the Occupiers' Liability Act, R.S.O. 1990, c. O.2, at the time of this incident. The league also was an occupier because they had control over its players and how the game was being played at the time. They should have also realized that the players were too powerful for that diamond and there was a risk of hitting balls well over the 1.8 metre left field fencing. The applicable sections of this Act read as follows: "3. (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises. THE PLAINTIFF'S DAMAGES SOUGHT INCLUDED A HEAD INJURY, PSYCHOLOGICAL AND EMOTIONAL TRAUMA AND CHRONIC PAIN. SHE SOUGHT DAMAGES OVER $1,000,000. 3. (2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on the premises. 4. (1) The duty of care provided for in subsection 3 (1) does not apply in respect of risks willingly assumed by the person who enters on the premises, but in that case the occupier owes a duty to the person to not create a danger with the deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property." The lawyer assessed that it was reasonably foreseeable of the teams involved to hit baseballs over the home run fence and there were a couple of questions that were raised: 1. Was it reasonable to have a pedestrian walkway located about 20 metres from the fence? 2. Was there adequate fencing or screening in place to protect pedestrians utilizing this walkway? Our lawyer reviewed case law and found a similar case in which a minor plaintiff was struck by a home run ball while at a playground. The right and left field fences were found to be too short for adults or senior players but adequate for minor players. That judge determined that there were a considerable number of baseballs being hit over the fence and the municipality knew of this. Therefore, it was reasonably foreseeable that an injury could occur at the  playground. That municipality was found liable because the FACILITY FORUM | 11

Table of Contents for the Digital Edition of Facility Forum - Fall 2016

Industry Watch
Home Run Baseball Hits a Pedestrian
All Granites are Not the Same
Technically Speaking
Risk Management – City Found Not Liable in Skating Injury
Winterizing Pools
Member Profile – Ross Rankin, RA Centre, Ottawa
Use of Medical Marijuana at Work Poses Challenges for Employers
Health & Safety (PSHSA) – Radon - Bill 11 Updates
ORFA’s Original Energy Consultant Writes Memoirs
The Difference between Residential and Commercial Gas Detectors
Energy Champion – Beyond Measurement
Index of Advertisers
Facility Forum - Fall 2016 - ebelly1
Facility Forum - Fall 2016 - ebelly2
Facility Forum - Fall 2016 - cover1
Facility Forum - Fall 2016 - cover2
Facility Forum - Fall 2016 - 3
Facility Forum - Fall 2016 - 4
Facility Forum - Fall 2016 - 5
Facility Forum - Fall 2016 - 6
Facility Forum - Fall 2016 - 7
Facility Forum - Fall 2016 - 8
Facility Forum - Fall 2016 - Industry Watch
Facility Forum - Fall 2016 - Home Run Baseball Hits a Pedestrian
Facility Forum - Fall 2016 - 11
Facility Forum - Fall 2016 - 12
Facility Forum - Fall 2016 - 13
Facility Forum - Fall 2016 - All Granites are Not the Same
Facility Forum - Fall 2016 - 15
Facility Forum - Fall 2016 - 16
Facility Forum - Fall 2016 - 17
Facility Forum - Fall 2016 - 18
Facility Forum - Fall 2016 - 19
Facility Forum - Fall 2016 - 20
Facility Forum - Fall 2016 - Technically Speaking
Facility Forum - Fall 2016 - Risk Management – City Found Not Liable in Skating Injury
Facility Forum - Fall 2016 - 23
Facility Forum - Fall 2016 - Winterizing Pools
Facility Forum - Fall 2016 - 25
Facility Forum - Fall 2016 - 26
Facility Forum - Fall 2016 - 27
Facility Forum - Fall 2016 - 28
Facility Forum - Fall 2016 - Member Profile – Ross Rankin, RA Centre, Ottawa
Facility Forum - Fall 2016 - 30
Facility Forum - Fall 2016 - 31
Facility Forum - Fall 2016 - 32
Facility Forum - Fall 2016 - Use of Medical Marijuana at Work Poses Challenges for Employers
Facility Forum - Fall 2016 - Health & Safety (PSHSA) – Radon - Bill 11 Updates
Facility Forum - Fall 2016 - 35
Facility Forum - Fall 2016 - 36
Facility Forum - Fall 2016 - ORFA’s Original Energy Consultant Writes Memoirs
Facility Forum - Fall 2016 - 38
Facility Forum - Fall 2016 - 39
Facility Forum - Fall 2016 - 40
Facility Forum - Fall 2016 - The Difference between Residential and Commercial Gas Detectors
Facility Forum - Fall 2016 - 42
Facility Forum - Fall 2016 - 43
Facility Forum - Fall 2016 - Energy Champion – Beyond Measurement
Facility Forum - Fall 2016 - 45
Facility Forum - Fall 2016 - Index of Advertisers
Facility Forum - Fall 2016 - cover3
Facility Forum - Fall 2016 - cover4
Facility Forum - Fall 2016 - outsert1
Facility Forum - Fall 2016 - outsert2
Facility Forum - Fall 2016 - outsert3
Facility Forum - Fall 2016 - outsert4
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