In the recent summary judgment ruling in Baltadjian v The Roman Catholic Episcopal Corporation for the Diocese of Alexandria, the Ontario Superior Court of Justice (the “Court”), on a summary judgement motion, dismissed the personal injury claim of Hrant Baltadjian (“Baltadjian”), a volunteer at The Roman Catholic Episcopal Corporation for the Diocese of Alexandria (the “Church”), on the basis that he had failed to prove the Church was negligent or had provided defective equipment and/or an unreasonably safe work environment. In coming to its decision, the Court relied heavily on its findings that Mr. Baltadjian was, of his own volition, performing a task that went beyond the scope of his assigned tasks at the Church and that the Church had taken sufficient reasonable risk management steps to ensure a safe working environment. The Court’s decision in Baltadjian is an excellent reminder to charities and not-for-profits of the importance of proactive risk management when dealing with employees and especially volunteers in all aspects of potential activities, but particularly those that are prone to accidents and injury (such as construction).
For the balance of this Bulletin, please see Litigation Bulletin No. 2.