Ontario winters create hazardous conditions. Snow and ice can accumulate quickly — but the injuries from a fall can last far longer.
If you slipped on ice outside a business, apartment building, or public property, you may be wondering whether anyone is legally responsible.
The Occupiers’ Liability Act
In Ontario, occupiers of a property have a legal duty to take reasonable steps to keep their premises reasonably safe.
This includes:
- Clearing snow within a reasonable time
- Salting or sanding icy areas
- Conducting regular inspections
Failure to meet this standard can result in liability.
What Does “Reasonable” Mean?
The law does not require perfection — but it does require reasonable care.
Among other things, the Courts consider:
- Weather conditions
- Timing of snow removal
- Timing of salting
- Whether the occupier followed its own maintenance practices
Myth: If it was snowing, no one is responsible.
Reality: Property owners must still respond appropriately to winter conditions.
What is an Occupier?
An occupier is a legal person (e.g.. individual or corporation) who is in physical possession of the premises, or who has responsibility for or control over the condition of the promises or the activities carried on there, or who has control over the persons allowed to enter the premises
Municipal Claims Have Short Deadlines
If your fall occurred on municipal property, you may need to provide written notice within 10 days. The 10 day notice period applies for example to municipal sidewalks and roads.
Missing this deadline may prevent you from being able to start or continue your claim.
Evidence Is Critical
Strong claims rely on:
- Photographs of the scene
- Weather reports
- Witness statements
- Footwear documentation
Common Injuries
Slip and falls can result in:
- Fractures
- Head injuries
- Back injuries
Final Thoughts
Winter conditions are common — but serious injuries should not be ignored.
If you were injured in a slip and fall accident in Burlington, Hamilton, Oakville, Halton, or Mississauga, contact Martin & Hillyer Associates.