By the Brownlee LLP Insurance Defence Team

You may not be surprised to read that tenants are usually the plaintiffs in most slip and fall claims against condominium corporations. Although tenants are responsible for maintaining their own unit, it is an implied term of the lease that a condo corporation is responsible to ensure those who live on the property have reasonably safe access to it. This includes the task of removing snow and ice.

The condo corporation is responsible for removing slip and fall hazards on common areas of the premises and maintaining sidewalks and walkways that lead to the property.

When considering this responsibility, condo corporations should keep the following in mind:

• Condo corporations are not usually considered occupiers of individual living units, so they are not responsible for mitigating risks in these locations.
• Condo corporations are, however, considered occupiers in all common areas on the property, and are responsible for risk mitigation in these areas.
• Condo bylaws should clearly define common areas (maps are a useful tool for this).
• Courts expect condo corporations to properly select a snow removal contractor as well as provide clear guidelines and instructions to remove snow and ice.
• Work provided by contractors should be routinely logged and monitored by a condo corporation employee or board member to ensure it meets the standard of care as outlined in the contract.