The short answer: Under Ontario's Occupiers' Liability Act, the property owner and manager owe a legal duty to keep their premises reasonably safe from snow and ice. You cannot sign that duty away — but with the right contract you can share and transfer the financial risk to an insured contractor. The three things that decide whether a slip-and-fall claim lands on you or your contractor are: (1) a properly insured contractor who names you as additional insured, (2) a contemporaneous snow & ice log proving the site was maintained, and (3) written notice handling under the 60-day rule.
Your Duty of Care Under the Occupiers' Liability Act
Ontario's Occupiers' Liability Act requires an "occupier" of a property to "take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises... are reasonably safe." For a commercial property, the occupier is usually the owner and the property manager in control of the premises — and, importantly, a snow-removal contractor hired to maintain the site can also be an occupier and share liability.
"Reasonable care" for snow and ice is judged on the facts: What was the weather doing? How quickly did you respond? Did you salt? Is there a record? A property that plows and salts on a documented schedule meets the standard. A property that relied on a handshake arrangement and has no records is exposed even if the work was actually done — because in litigation, if it wasn't written down, it effectively didn't happen.
The stakes are not small. A single unmanaged commercial parking-lot slip-and-fall in Ontario regularly clears six figures in combined medical, lost-wages, and liability damages once the case is defended and settled.
The 60-Day Notice Rule (In Force Since January 29, 2021)
In 2021 Ontario amended the Occupiers' Liability Act to add a notice requirement specific to snow and ice. Since January 29, 2021, a person injured by snow or ice must deliver written notice within 60 days of the injury before they can bring a claim. The notice must include the date, time and location of the incident, and be served personally or by registered mail on the occupier and/or the independent contractor responsible for snow and ice removal.
The practical takeaway for property managers: the moment an incident is reported, preserve everything — your snow & ice log for that date, the weather record, photos, and the contractor's service confirmation. The 60-day window cuts both ways, and the party with the better contemporaneous records wins.
Can You Delegate Snow Liability to Your Contractor?
Partly — and this is where most property managers get it wrong. You cannot eliminate your own duty of care by hiring someone. What a properly drafted snow contract does is transfer and share the financial risk:
- The contractor carries the insurance that responds to a claim first.
- The contractor names you as additional insured, so their policy defends you too.
- An indemnity clause allocates responsibility for the contractor's own negligence to the contractor.
- The contractor's service log becomes your proof the site was maintained.
Get those four elements right and a slip-and-fall claim is defended primarily by the contractor's insurer, with documented proof of service. Get them wrong — an underinsured contractor, no additional-insured certificate, no log — and the claim lands squarely on the property owner.
What to Require in a Commercial Snow Contract
Before you sign a commercial snow-removal contract for the 2026–27 season, confirm every item on this list. If a contractor can't produce these, that's your answer.
The commercial snow contract checklist
- Commercial General Liability of $2M minimum ($5M for larger institutional, medical, or high-traffic retail sites).
- Certificate of Insurance naming you as additional insured — request the actual certificate, not a verbal assurance. This filing takes 7–14 days with the broker.
- WSIB clearance certificate confirming crews are covered — protects you from liability for on-site worker injuries.
- Contemporaneous snow & ice log per site: date, time, snowfall, action taken, product, crew.
- Defined service triggers & response time (e.g., dispatch at 3 cm, entrances and accessible routes as priority 1).
- Salting / de-icing scope clearly stated, ideally with a Smart About Salt-aligned application approach.
- Indemnity & hold-harmless language reviewed by your own counsel.
- Proof of prior work — references from comparable commercial sites.
D&D Snow Services carries $2 million Commercial General Liability, is WSIB compliant, provides additional-insured certificates, and issues a digital snow & ice log to every commercial contract client automatically. See 2026–27 commercial contract options ›
Proof of Service: How Logs and GPS Defend a Claim
When a slip-and-fall claim is litigated, the case usually turns on a single question: can the property show it was maintained at the time of the incident? The evidence that answers it is the snow & ice log — and increasingly, GPS and timestamped service records that corroborate it.
A defensible record includes, for each service visit: the date and time on site, the snowfall amount, the action taken (plow, shovel, salt, sand), the product and rate used, and the crew responsible. Ontario courts have repeatedly accepted contractor-produced logs as meeting the duty-of-care standard — provided they are contemporaneous, meaning recorded at the time of service, not reconstructed after a claim arrives.
Manager action item: Ask your contractor for the log format before the season starts, and audit it weekly. A log you first look at after an incident is a log you can't trust. D&D commercial clients receive digital logs automatically, so the record exists whether or not a claim ever comes.
Condominium & HOA Obligations
Condominium corporations carry an added layer of duty. Under the Condominium Act, 1998, a corporation must maintain and repair the common elements — which includes keeping walkways, entrances, visitor parking and drive aisles reasonably clear of snow and ice. That obligation runs alongside the Occupiers' Liability Act, not instead of it.
For condo boards and their managers, the exposure is concentrated at entrances, mail areas, garbage/recycling routes, and accessible ramps — the high-traffic points where residents and visitors slip. Self-managing snow on a condo without an insured contractor and a documented log is one of the largest avoidable liabilities a board can carry. Retain an insured contractor, require the corporation be named as additional insured, and keep the proof-of-service records with the corporation's minutes.
Over-Salting Is a Liability Too
More salt is not more safety. Once the correct application rate is met — roughly 1 kg per 100 sq ft for pre-treatment — additional salt does nothing for traction and starts creating new problems: surface-scaled concrete, damaged landscaping, harm to nearby storm drains and water bodies, and property-damage complaints from tenants and neighbours.
Ontario's Smart About Salt program certifies contractors who apply the right product at the right rate and time. Right-rate salting lowers slip risk and the environmental and property-damage claims that follow over-application — a genuine win on both the liability and sustainability sides. When evaluating a contractor, ask how they determine application rates; "we just dump a lot" is a red flag, not a reassurance.
Protect your property this winter
D&D Snow Services provides insured, documented commercial snow & ice management across Waterloo Region — $2M CGL, additional-insured certificates, WSIB-covered crews, and a digital service log on every site. Reserve your 2026–27 commercial contract before routes fill in mid-November.
Frequently Asked Questions
Who is liable for a slip-and-fall on snow or ice at a commercial property in Ontario?
The occupier — typically the property owner and/or manager in control of the premises — owes a duty under the Occupiers' Liability Act to keep the property reasonably safe. A snow contractor hired to maintain the site can also be an occupier and share liability. Hiring a contractor doesn't remove the owner's duty; it shares the risk when the contract and insurance are structured correctly.
What is the 60-day notice rule?
Since January 29, 2021, a person injured by snow or ice must give written notice within 60 days — stating the date, time and location — served personally or by registered mail on the occupier and/or snow contractor, before suing. Exceptions exist (it does not bar a claim for death, and a court may allow a late claim with reasonable excuse and no prejudice), so never assume a claim is time-barred without legal advice.
Can a property manager transfer snow liability to the contractor?
Not entirely. The owner and manager keep their own duty of care. A good contract shares and transfers risk: adequate CGL, additional-insured status, an indemnity clause, WSIB coverage, and a contemporaneous snow & ice log — so the contractor's insurer responds first and the owner has documented proof of maintenance.
What insurance should a commercial snow contractor carry?
At least $2 million CGL (often $5 million for institutional or high-traffic sites) plus WSIB coverage, with a Certificate of Insurance naming the owner and manager as additional insured. D&D carries $2M CGL, is WSIB compliant, and provides additional-insured certificates on all commercial contracts.
Why does a snow & ice log matter?
It is the single most important slip-and-fall defence. A contemporaneous log — date, time, snowfall, action, product, crew — is repeatedly accepted by Ontario courts as meeting the duty-of-care standard, provided it's recorded at the time of service. D&D provides digital logs to commercial clients automatically.
Do condominiums have special obligations?
Yes. Under the Condominium Act, 1998, a corporation must maintain the common elements, including snow and ice on walkways, entrances and parking. That runs alongside the Occupiers' Liability Act. Boards should retain an insured contractor, be named additional insured, and keep proof-of-service records.
Is over-salting a liability?
It can be. Excess salt damages concrete, landscaping and water bodies without improving safety past the right application rate (about 1 kg per 100 sq ft). Ontario's Smart About Salt program certifies right-rate application, which reduces both slip risk and property/environmental claims.
This guide is general information for Waterloo Region commercial property owners and managers, not legal advice. Snow and ice liability outcomes depend on the specific facts, contract wording, and current legislation. Consult a qualified Ontario lawyer and your insurance broker before relying on any point above.