Man's lunges caused mall fall, BC court rules
A lawsuit filed by a man who injured his knee at the Coquitlam Centre food court in November 2022 was dismissed by a British Columbia Supreme Court judge, who ruled the fall was caused by the man's own actions and not by unsafe conditions during renovations. This case is important because it clarifies the responsibilities of property owners to ensure safety during construction.
On November 27, Justice Sandra Sukstorf concluded that Jordan Lee Petrunia did not prove that the mall's owner, Pensionfund Realty, or its security provider, Paladin Security Group, were negligent. Pensionfund Realty is a privately-held real estate company owned by Canadian institutional investors and holds property across the country. Paladin Security, founded in 1976, provides a range of security services, including for retail and shopping malls, across North America.
The incident happened on November 17, 2022, while the food court was undergoing flooring replacement. The area had temporary plywood transitions covered by carpet and was marked with multiple yellow caution signs. Video evidence showed Petrunia performing two "deep, deliberate lunges" before he lost his balance and fell. The judge noted that his friends, who were walking normally, did not trip or react to any issues with the floor.
The court determined that the temporary flooring, installed by Ledcor Construction, was reasonably safe and regularly inspected. Ledcor is a large, diversified construction company that emphasizes its comprehensive safety programs. Justice Sukstorf stated that the mall and its contractors had met their legal obligations under the province's Occupiers' Liability Act. This law requires property owners to take reasonable steps to ensure their premises are safe but does not demand absolute safety.
Petrunia also claimed that the defendants failed to provide all security footage, but the court found no evidence of intentional destruction of footage. The judge determined that newly installed cameras in the area were not yet recording. Petrunia's claim was dismissed, and he was ordered to pay the defendants' legal costs. The renovations at Coquitlam Centre are part of a larger, long-term redevelopment plan to transform the shopping center into a mixed-use, transit-oriented community.