Occupiers Liability

Bill 118, which came into force on January 29, 2021, amended the Occupiers' Liability Act (OLA) in Ontario, giving condominiums some relief in slip-and-fall claims caused by snow or ice. Under the OLA, a condominium corporation is deemed the occupier of its common elements and has a legal duty to ensure people and property entering the premises are reasonably safe. The amendment requires the injured person to inform the occupier (condominium corporation) of the incident within 60 days in writing, including the date, time, and location of the incident. Failure to provide this notice within the specified timeframe may prohibit the injured person from filing a lawsuit for damages within the usual two-year limitation period. This amendment benefits condominiums as it allows for timely investigation of claims while records and memories are still fresh, reducing overall claims and helping manage insurance premiums and deductibles. However, proper risk mitigation measures, routine checks, inspections, signage, and responsive measures are still essential to minimize liability for condominiums.