Who is Responsible: Municipal Sidewalks when a by-law says that adjacent property owners must keep them free of snow and ice?

In Ontario, municipalities are responsible for maintaining public sidewalks within their jurisdiction. This includes keeping sidewalks reasonably safe for pedestrians, especially during winter months.

Sometimes, municipalities try and pawn off sidewalk winter maintenance responsibilities on adjacent landowners.  For example, the Kingston City Streets by-law requires commercial property owners in the Downtown Business Improvement Area to remove snow and ice from adjoining sidewalks.

Other municipalities expand the requirement to residential homeowners and landlords as well.

Can you sue a property owner who doesn’t clean the public side walk adjacent to their property?

If you suffer a slip and fall on a municipal sidewalk due to snow or ice, your claim is typically against the municipality, not the adjacent property owner—even if a local by-law requires property owners to clear the sidewalk.

The Ontario Court of Appeal has held that municipal by-laws requiring property owners to shovel or salt sidewalks do not transfer legal liability for slip and fall injuries from the municipality to the property owner. Bongiardina v. Vaughan (City) confirmed that such by-laws are intended to assist municipalities in keeping sidewalks safe, but do not create a private right of action against the property owner if someone is injured (Bongiardina v. Vaughan (City), 2000 CanLII 5408 (ON CA)).

More importantly, municipalities have a duty to keep their highways and sidewalks in a reasonable state of repair.  While municipalities can use a by-law to enlist their residents in snow clearing efforts, they cannot escape their legal duty to keep sidewalks safe.

When Can a Property Owner Be Liable?

There are two main exceptions where an adjacent property owner in Ontario might be held liable for a slip and fall on a municipal sidewalk:

1. Occupier’s Liability Exception:
   If a property owner assumes significant control over a portion of the sidewalk—beyond simply shoveling or salting—they may be considered an “occupier” under Ontario’s Occupiers’ Liability Act. For example, if a business in downtown Kingston or Ottawa sets up a patio or directs customers to use a specific sidewalk path, and consistently maintains that area for its own benefit, courts may find that the business has assumed control and is liable for injuries there (MacKay v. Starbucks Corporation, 2017 ONCA 350).  However, routine snow removal in compliance with a by-law is not enough to establish occupier status.

2. Hazard Flow Exception:
   If a property owner allows a dangerous condition from their property to spill onto the sidewalk—such as water from downspouts or sump pumps, or snow that a property owner removes from their property and puts onto the sidewalk – they may be liable if that hazard causes a slip and fall. The key is that the hazard must originate from the property owner’s land, not just from general winter conditions.

Notice Requirements for Slip and Fall Claims

If you are injured in a slip and fall on a sidewalk in Ottawa, Kingston, Carleton Place, or Pembroke, it’s crucial to act quickly.  For claims against municipalities, you typically have 10 days to give written notice of your claim under the Municipal Act, 2001.  For private property owners, the notice period is typically 60 days.  Notice is best given by a lawyer.  There are certain requirements the notice letter must meet to be valid.

Even if you have missed a notice period, you should contact a lawyer anyway and give notice as soon as possible.  Sometimes exceptions can be made.

What Should You Do After a Slip and Fall

If you’ve slipped and fallen on a municipal sidewalk in Eastern Ontario:

• Document the scene: Take photos of the sidewalk, weather conditions, and any hazards.
• Get medical attention: Seek prompt treatment for your injuries.
• Report the incident: Notify the municipality in writing and, if applicable, the adjacent property owner.  You should ask a lawyer to help you with this.  If you’re not sure whether you fell on private land or municipal land, notify everyone.
• Consult a personal injury lawyer: An experienced lawyer can help you determine who may be liable and ensure you meet all notice deadlines.

Conclusion

In most cases, municipalities like Ottawa, Kingston, Carleton Place, and Pembroke are responsible for slip and fall injuries on public sidewalks, even if a by-law requires property owners to clear snow and ice. Property owners may only be liable in specific circumstances, such as when they assume control of the sidewalk or allow hazards from their property to create dangerous conditions. If you’ve been injured, act quickly to protect your rights and seek legal advice.