Following the last day of exams, Joe is planning to attend a party at a friend's place. Joe is having a few drinks in advance of the party so he decides to do the responsible thing and walk to his friend's place. Once he arrives at his friend's place, he notices a shiny glare off the walkway leading into the entry of the friend's townhouse. Joe, not sure whether it is black ice, proceeds to walk on the walkway. After a few steps, he slips and falls and breaks his ankle. Upon inspection, Joe notices that there is no salt or sand down and that the shiny glare is in fact black ice.

The townhouse is owned by Realty Holdings Inc. (the "landlord") and Joe's friend leases the townhouse from that entity. After investigation, it is determined that the lease between the landlord and tenant is silent on who is responsible to clear the walkways leading into the premises. The friend (the "tenant") has on occasion, when the walkways become impassable, cleared the snow to create a pathway to the parking lot. The parking lot is plowed and maintained by the landlord. The tenant and landlord advise that neither has ever salted or sanded the walkways leading into the premises.

Joe comes to you looking for advice as to who he might take legal action against. Please advise Joe as to the possible defendants and why.

Also Joe is hesitating taking any action in the matter because he was drinking that evening. Joe wonders what impact, if any, that might have on his claim. Please advise.