If a person has possession or control of a property, the Occupier’s Liability Act imposes a duty to take reasonable care to see that persons entering on the premises are reasonably safe while on those premises. This duty covers sidewalks and driveways on the property. It does not extend to municipal sidewalks, unless the owner/occupier of the adjacent property has assumed control over the sidewalk or in some manner is responsible for a condition that results in an injury.

For instance, let’s say a landowner or occupier of a property causes water to drain from their property onto a municipal sidewalk, which then freezes into ice. It could then be argued that under the common law, the owner/occupier has liability for a slip and fall injury which occurs on that municipal sidewalk.Note that the existence of a municipal bylaw requiring an owner/occupier to clear the municipal sidewalk does not by itself impose civil liability on the owner/occupier.

If the owner/occupier is on vacation, it would be prudent to hire someone to inspect and clear the property of ice and snow. An occupier is not responsible for the negligence of a contractor who is hired to clear ice and snow, provided reasonable steps have been taken to satisfy themselves that the contractor was competent and would carry out the work properly.

3. What happens if someone slips and falls on my property? Can I get sued?You can be sued if someone slips and falls on your property. Whether they are successful will depend on whether you have satisfied the duty imposed by the Act.