Mastering the Chill: A Brief Guide to Snow and Ice Management for Commercial Property Owners

Winter in Ontario brings picturesque landscapes and many days of holiday, but it also comes with its fair share of challenges, especially for commercial property owners. As businesses prepare for the upcoming holidays, increased car and foot traffic is almost inevitable. One of the most pressing concerns during this season is the accumulation of ice and snow, which can pose significant risks to pedestrians and vehicles.   

What are the obligations of a commercial property owner?  

In Ontario, the Occupiers' Liability Act ("the Act") outlines the obligations of property owners, including commercial property owners, to ensure the safety of visitors and occupants.  

Section 3(1) of the Act describes this obligation and states the following: "An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons on the premises, and the property brought on the premises by those persons, reasonably safe while on the premises."   

The Act defines an "occupier" as "a person in physical possession of a premises… or a person who has responsibility for and control over the condition of the premises…"   

The definition of "premises" includes many commonly frequented places such as restaurants, movie theatres, shopping and event spaces, etc.  

This duty of care extends to keeping the property safe during icy conditions. Therefore, commercial property owners are legally obligated to take reasonable steps to prevent and address snow and ice accumulation hazards on their premises. Failure to do so can result in legal liability if someone is injured due to slippery conditions. While the Act doesn't require property owners to maintain their properties to perfection, the legislation does impose a proactive duty on property owners to take reasonable action.   

For property owners, what does reasonable mean?  

Commercial property owners are generally held to a higher standard than homeowners. What may constitute "reasonableness" hinges upon the unique circumstances inherent to each case.  

Various methods may discharge the duty to take reasonable care; however, simply salting or hiring a contractor to conduct winter maintenance may not be enough to satisfy the duty of care outlined in the Act.   

Commercial property owners must implement inspection protocols, keep maintenance records and ensure there are competently trained staff. In addition, property owners are not off the hook for hiring just any contractor. Per section 6(1) of the Act and case law, the property owner is obligated to ensure that the contractor is competent, took reasonable care in the selection and, in some situations, the supervision of an independent contractor qualified to undertake the work. Liability will flow back to the property owner if they fail to hire a competent contractor.  

Who will be liable for the accident?  

If an accident occurs on the premises, the court will look at the actions or omissions of both parties. The court could consider an array of things which may have affected the accident, including the injured party's action such as their choice of attire, whether they were in a hurry, had their hands full, or intoxication. If the commercial property owner has shown they diligently maintained reasonable safety measures concerning the winter maintenance, the injured party may not be entitled to compensation.    

Consequences of Negligence  

Failure to fulfill the legal responsibilities of icy properties can have severe consequences for commercial property owners. If someone is injured due to an accident on their premises, the property owner may be held liable for the resulting damages. Damages include medical expenses, lost wages, pain and suffering, and legal fees.  

Moreover, property owners may also face fines and penalties if found negligent in maintaining safe conditions during winter. In some cases, insurance coverage may be affected, leading to increased premiums or policy cancellations.  

Investing in winter maintenance is an essential strategy for safeguarding people, property, and prosperity. We must prioritize safety in these upcoming colder months.   

If you have been injured on a commercial property as a result of hazardous conditions, contact us, and we will walk you through the process.