Snow Removal Services
Ontario's Occupiers' Liability Act creates a duty of care for property owners to keep their premises reasonably safe. For residential and commercial property owners, this extends to the sidewalks adjacent to your property during winter.
What constitutes 'reasonable' winter maintenance varies by circumstance. Courts look at: whether the condition was foreseeable (e.g., below-freezing temperatures after rain), how long the hazard existed before the fall, whether the property owner took any steps to address it, and whether proper snow clearing bylaws were followed.
Winter Preparedness Tips
Municipal bylaws set minimum standards — but compliance with a bylaw doesn't automatically absolve liability. If you cleared your sidewalk to bylaw compliance standards but left a hazardous ice patch, you may still face a claim.
Documenting your maintenance activity is your best defense. Keep a log of when you salted, plowed, and shovelled — date, time, conditions, and what was done. Photos with timestamps are excellent evidence of due diligence.
D&D Snow Services Coverage
Residential homeowners are protected somewhat by the Municipal Act's 60-day notice requirement for slip-and-fall claims against them. Municipal occupiers have a higher standard of care. Commercial property owners face the strictest standard.
Insurance: ensure your home insurance includes liability coverage for slip-and-fall incidents. Commercial property insurance typically includes this, but review your policy limits. Minimum $1M liability is advisable; $2M+ for commercial properties.
The most effective liability protection is consistent, documented maintenance. D&D Snow Services provides service records for every visit — dates, times, areas treated, and conditions — giving our clients documented evidence of diligent maintenance.