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Occupiers' Liability

Occupiers' liability is the legal duty of whoever controls a property to take reasonable care that people on it are reasonably safe. It is a common legal basis for snow and ice slip and fall claims on private property.

Why It Matters for Snow Contractors

The rules come from provincial statutes and court decisions:

  • Ontario has an Occupiers' Liability Act. Since January 29, 2021, section 6.1 requires written notice within 60 days for snow and ice injury claims against an occupier or its snow contractor. See the 60 day notice rule.
  • Alberta's Occupiers' Liability Act, s. 5, as quoted by secondary sources, sets a duty to take reasonable care that visitors will be reasonably safe. See occupiers' liability in Alberta.
  • British Columbia has an Occupiers Liability Act. See occupiers' liability in BC.
  • Saskatchewan has no Occupiers' Liability Act; occupiers' duties come from court decisions. See occupiers' liability in Saskatchewan.

A contractor who controls the condition of a site can face claims alongside the owner, which is why scope and records matter.

Example

In Waldick v. Malcolm (1991), the Supreme Court of Canada held occupiers liable for ice at their parking area entrance they could anticipate. As summarized by Northern Law, they "could have cleared the ice, salted or sanded a pathway."

General information only, not insurance or legal advice. Policy wordings differ; a licensed broker can explain how your own policy and contracts treat this.

Further reading: Legislative Assembly of Ontario: Bill 118; BC Laws: Occupiers Liability Act; Alberta King's Printer: Occupiers' Liability Act

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Frequently Asked Questions

Can a snow contractor be an occupier?

It depends on the province and facts. Alberta secondary sources describe an occupier as someone with control over the premises, which a contractor may have.

Does occupiers' liability apply to city sidewalks?

Municipal roads and sidewalks usually fall under separate municipal statutes with their own notice rules.