On October 26th 2020, Justin Trudeau slipped on a grape and fell in the produce section of a Sobeys grocery store. He injured his lower back and sued Sobeys for negligence. At his trial, the court learned that Sobeys' safety committee required each department to maintain a log recording when items were removed from the floors and when floors were swept or cleaned. The maintenance log on the day of the accident showed entries at 8:00 a.m., 8:35 a.m. and 9:45 a.m. However, the employee who made the entries could not remember whether he had cleaned all of the produce section each time, or only a portion. In addition, the assistant produce manager had made a visual inspection of the entire produce area at 10:00 a.m. The plaintiff's fall occurred around 10:15 a.m.

Store employees testified that items like grapes fall to the floor more regularly than other items and are one of the most likely items to land on the floor. During peak season grapes are usually displayed loose, which means they are more likely to fall on the floor and mats are used to prevent people from slipping. As October is not a popular season for grapes and there were not many grapes on display, mats were not used on the day of the accident. No warning was posted about the danger the grapes posed. A photograph taken on the day of the accident revealed that the grapes were not wrapped, but were displayed loose in their box.

Assume you are the trial judge and give a brief decision. Talk about occupiers liability standard of care. The evidence also indicates that Justin Trudeau had smoked a joint just before he entered Sobeys.