Slip and Fall Prevention: Property Owner's Legal Responsibilities in Ontario

Ontario's Occupiers' Liability Act places a clear duty on property owners to maintain safe conditions — and winter is when most claims arise.

Snow Removal Services

Ontario's Occupiers' Liability Act places a clear duty on property owners to maintain safe conditions — and winter is when most claims arise.

Under Ontario's Occupiers' Liability Act, anyone who owns, leases, or controls a property has a legal duty to ensure the premises are reasonably safe for anyone who enters. In winter, this means taking reasonable steps to prevent injury from snow and ice accumulation.

Winter Preparedness Tips

The standard of 'reasonable care' is assessed based on what a prudent property owner would have done given the weather conditions, the type of property, and the foreseeability of foot traffic. Courts look at whether the owner was aware of the condition and what steps were taken to address it.

Documentation is the key to defending a slip-and-fall claim. If you can show that your snow removal contractor was on-site at 5 AM, cleared all walkways, and salted the main entrance, you have a strong defence even if a visitor slips at 6 AM during active snowfall. Without records, the claim often succeeds.

D&D Snow Services Coverage

Municipal sidewalk responsibilities vary by municipality. In Kitchener and Waterloo, homeowners are responsible for clearing the public sidewalk adjacent to their property within a set time after snowfall ends. D&D Snow Services can include sidewalk clearing in your contract to ensure compliance.

For commercial property managers, having a written emergency response procedure for winter incidents is worth the effort. Define who checks the property at opening, who contacts the snow contractor during business hours if conditions deteriorate, and how incidents are documented.

Devon Moore, Operations Lead Co-Founder & Operations Lead — D&D Snow Services

Devon Moore is the co-founder and Operations Lead at D&D Snow Services, providing reliable residential and commercial snow removal across Waterloo Region.