Slip & Fall Claims in Ontario: Occupier's Liability & Key Deadlines

Who Is an "Occupier"?

Under the Act, an occupier is any person who:

• Is in physical possession of the premises, or
• Has responsibility for and control over the condition of the premises or the activities carried on there

Multiple parties can be occupiers simultaneously — a tenant and a landlord can both be occupiers of the same property for different aspects.

The Duty of Care

An occupier must take such care as is reasonable in all circumstances to see that persons entering the property (and their property) are reasonably safe. This is a single, unified duty — the old distinctions between trespasser/licensee/invitee are abolished in Ontario.

However, the Act specifically allows occupiers to:

• Restrict or exclude liability by posting clear and visible warning signs
• Limit liability through agreement (e.g., signed waiver for recreational activities)

Winter Maintenance & Municipal Properties

Falls on ice and snow generate a large proportion of occupier's liability claims. Key rules:

• Private property: Occupier must take reasonable steps to clear snow and ice. A property owner who ignores an icy sidewalk for days after a storm is likely liable.
• Municipal sidewalks and roads: The Municipal Act, 2001 requires written notice to the municipality within 10 days of the injury as a precondition to a lawsuit. Missing this deadline eliminates the claim entirely — regardless of fault.

Contributory Negligence

Ontario uses contributory negligence — if you were partially at fault for your fall, damages are reduced proportionately. Common contributory negligence arguments:

• You were wearing inappropriate footwear for conditions
• You were looking at your phone and not where you were walking
• You ignored visible warning signs or barriers
• You were intoxicated

A court may find the occupier 70% responsible and the claimant 30% — damages are then reduced by 30%. Contributory negligence does not eliminate a claim.

What Evidence to Collect Immediately

• Photographs: The hazard, the area, your injuries — immediately and before conditions change
• Video surveillance: Request preservation of any security footage within 24–48 hours (it is often overwritten quickly)
• Witnesses: Names and contact information of anyone who saw the fall or knows of prior similar incidents
• Incident report: File one with the property owner if it's a business
• Medical records: Seek treatment immediately and keep all records
• Weather records: For outdoor winter falls, Environment Canada records the weather conditions that day