This is a case where the Plaintiff was violently assaulted at an enclosed ATM at night. The Plaintiff made a number of allegations against TD Canada Trust including breaching their duty of care for the Plaintiff’s safety. The Defendant TD Canada Trust brought a summary judgment motion where a voir dire of the experts was conducted regarding qualifications and their opinion evidence. After a detailed analysis of the admissibility of expert reports and the evidence, the Court found that TD Canada Trust did not beach its duty of care to the Plaintiff.

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