Accidents happen, but when they occur on someone else’s property, the law in Ontario provides clear guidance on who may be held responsible. The Occupiers’ Liability Act is the legislation that outlines the duties of property owners, landlords, business operators, and others who are considered “occupiers” of premises. Understanding this Act is key for anyone injured on someone else’s property, whether it was a slip and fall on an icy sidewalk or a trip over a loose tile in a store. In this article, we explain what the Occupiers’ Liability Act is, who it applies to, and what your rights and responsibilities are under the law. 

What is the Occupiers’ Liability Act? 

The Occupiers’ Liability Act in Ontario is a provincial law that sets out the responsibilities of individuals and organizations that control or possess property. Its core purpose is to ensure that anyone entering a property is kept reasonably safe while on the premises. 

Unlike traditional negligence laws, which are often based on common law principles, the Occupiers’ Liability Act codifies the legal duties in clear, accessible terms. It applies to all types of premises, including: 

• Private homes 

• Commercial buildings 

• Rental units 

• Public spaces such as parks or sidewalks 

• Recreational lands 

Who is Considered an “Occupier”? 

An “occupier” is broadly defined under the Act. It refers not only to property owners but also to anyone who has physical possession of the premises or control over the condition of the property, its activities, or the persons allowed to enter. This can include: 

• Homeowners 

• Tenants 

• Property managers 

• Business operators 

• Landlords (in certain cases) 

For example, if a store leases space in a mall, the store owner may be considered an occupier of the interior space, while the mall management may be the occupier of common areas such as hallways and entrances. 

What is the Duty of Care in Ontario? 

The Act imposes a duty of care on occupiers to take reasonable steps to ensure that people entering the premises are safe. Specifically, Section 3(1) states: 

“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 entering on the premises… are reasonably safe while on the premises.” 

This duty applies to any lawful visitor, including customers, tenants, delivery workers, and even social guests. It includes maintaining safe conditions, performing timely repairs, warning of hazards, and preventing foreseeable injuries. 

Examples of Reasonable Care 

• Shovelling and salting icy walkways during winter 

• Fixing broken steps or railings 

• Cleaning spills promptly 

• Posting warning signs for wet floors or renovations 

• Ensuring proper lighting in hallways and stairwells 

Failing to meet this duty of care could result in legal liability if someone is injured. 

Who Can Be Held Liable Under the Act? 

Multiple parties may be considered occupiers at the same time. Liability can extend to: 

• Homeowners who do not maintain safe conditions on their property 

• Landlords, depending on whether they retain control over common areas 

• Tenants, if the rental agreement gives them control over specific areas 

• Business owners are responsible for the safety of customers and staff 

• Condominium corporations, for shared spaces like lobbies or parking garages 

For instance, in a rental apartment building, the landlord may be responsible for maintaining staircases and entryways, while a tenant may be responsible for snow removal from a private walkway if explicitly agreed upon in a separate contract. 

This ties directly into snow removal laws in Ontario, which often intersect with occupiers’ liability. If snow or ice is not cleared and someone is injured, the person responsible for maintenance, under the Act or a lease agreement, could be held liable. 

Common Situations Covered by the Act 

Slip and Fall Accidents 

Slip and falls are among the most common types of claims under the Occupiers’ Liability Act. These can result from: 

• Icy or snowy walkways 

• Wet or slippery floors 

• Loose carpeting or mats 

• Poor lighting 

• Cluttered pathways 

If you’ve experienced a fall, our steps below on what to do after a slip and fall can help you take the right steps. 

Injuries on Private or Commercial Property 

Whether you’re visiting a friend or shopping at a retail store, you expect the premises to be safe. Common hazards include: 

• Broken stairs 

• Missing handrails 

• Unsafe balconies 

• Objects falling from shelves 

Occupiers are expected to either remove hazards or post clear warnings. 

Recreational Properties 

The Act also applies to recreational properties, such as trails, skating rinks, or sports fields. However, there’s a distinction when it comes to recreational land made available for free public use. In such cases, the occupier owes a lower duty of care, similar to the duty owed to a trespasser: not to create danger or act with reckless disregard. 

Exceptions and Limitations Under the Act 

While the Occupiers’ Liability Act is broad in scope, there are key exceptions: 

Trespassers 

The duty of care does not extend in the same way to trespassers. That said, occupiers still have a duty not to deliberately create danger or act with reckless disregard for the safety of anyone on the premises, even if they are trespassing. 

Voluntary Assumption of Risk 

In some cases, an individual may knowingly accept the risks associated with entering a property. For example, someone who attends a hockey game at an outdoor rink might be seen as accepting some degree of risk. However, this does not mean the occupier is off the hook completely. 

Liability Waivers 

Many businesses use liability waivers to limit responsibility, especially in gyms, trampoline parks, or ski resorts. While these waivers can offer some protection, they are not foolproof and do not override gross negligence or failure to meet a basic duty of care. 

What Should You Do If You Have Been Injured on Someone Else’s Property? 

If you’ve been hurt because a property was unsafe, the steps you take immediately afterward can make a significant difference in your ability to recover compensation: 

1. Report the Incident: Notify the property owner or manager as soon as possible. 

2. Document the Scene: Take photos of what caused your injury (e.g., icy sidewalk, broken tile). 

3. Gather Contact Information: Get the names of witnesses and anyone else involved. 

4. Seek Medical Attention: Even if your injury seems minor at first. 

5. Keep Records: Save medical reports, prescriptions, and any communication with the property owner. 

6. Consult a Lawyer: A lawyer can help you understand your rights under the Occupiers’ Liability Act and assess whether you may have a claim. 

How Campisi LLP Can Help 

At Campisi LLP, we represent individuals who have suffered serious injuries because someone failed to maintain a safe environment. We understand how devastating a preventable accident can be, and we are committed to helping our clients recover physically, emotionally and financially. 

We handle all types of premises liability claims, including: 

• Slip and falls on ice or wet floors 

• Injuries in apartment buildings or condos 

• Falls due to poor lighting or broken stairs 

• Accidents in public or recreational spaces 

Our legal team will investigate the circumstances, gather evidence, and work with medical professionals to understand the full impact of your injury. We are committed to providing clear guidance, compassionate care, and strong legal support throughout your case. 

Final Thoughts on the Occupiers’ Liability Act in Ontario 

The Occupiers’ Liability Act in Ontario plays a vital role in protecting the public. Whether you’re entering a store, renting an apartment, or walking on a sidewalk, the law expects the person or organization in control of that space to take reasonable steps to keep it safe. 

If they fail to meet that standard and someone is injured as a result, the law provides a path to accountability. That path can be complicated, especially when multiple parties are involved or when maintenance responsibilities are unclear. But with the right legal support, injury victims can seek justice and secure the compensation they need to move forward. 

If you or someone you love has been injured on someone else’s property, Campisi LLP is here to help. We will review your situation, explain your options, and guide you every step of the way.