Does the CRA 2015 apply to Trespassers under the OLA 1984?

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futurelawyer455
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#1
Report Thread starter 1 year ago
#1
I'm doing a problem question and I am a bit confused - I have established that one of the parties that entered the restaurant as a visitor has become a trespasser as she went into an area she was not permitted to be in (bar in a restaurant that was closed off for renovations), and in that room she slipped on grease and hurt herself, on the door to the bar was a warning (established as not sufficient as did not specify risk) that tried to exclude any liability for injuries if you entered the room, however, under the CRA S.65 a trader cannot exclude liability for personal injuries or death. I'm just confused as to whether this applies to trespassers also because she entered as a customer but then I assume her ignoring the sign and entering the room she became a trespasser? Any advice is welcome
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futurelawyer455
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#2
Report Thread starter 1 year ago
#2
hi thanks for the reply

so does this mean that the CRA, in that her becoming a trespasser and hurting herself, would not apply to her meaning that the occupier could exclude liability as to its not being a consumer trader relationship? also, does the fact that the warning sign was not sufficient to exclude liability stop her from becoming a trespasser?
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futurelawyer455
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#3
Report Thread starter 1 year ago
#3
no no, thank you so much, this was very helpful
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