Brian Madigan LL.B., Broker
BRMadigan@Rogers.com

RE/MAX West Realty Inc.,
Brokerage
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

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Salt, Sand and Shovel Before the Open House

January 22, 2018 - Updated: January 22, 2018

Salt, Sand and Shovel Before the Open House
 

Let’s assume that you are a real estate agent and you have agreed to host an Open House for your client.
 

Question:
 

Who is responsible if someone falls on the slippery front step?
 

Answer:
 

You are!
 

You are responsible since you have certain responsibilities imposed upon you under the Occupiers' Liability Act.
 

It is possible that the homeowner will also be responsible. But, you are an “occupier”.
 

Who is an Occupier?
 

Under the Act,
 

“occupier” includes,
 

(a) a person who is in physical possession of premises, or
 

(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
 

despite the fact that there is more than one occupier of the same premises;”
 

So, if it suddenly became dangerous, you should shut down the open house in the middle of a storm.

 

The DUTY
 

“Occupier’s duty
 

(1) 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, and the property brought on the premises by those persons are reasonably safe while on the premises.
 

Idem
 

(2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises.
 

Idem
 

(3) The duty of care provided for in subsection (1) applies except in so far as the occupier of premises is free to and does restrict, modify or exclude the occupier’s duty.”
 

Insurance
 

It would be wise to ensure that you have proper insurance coverage under an “all risks” liability insurance policy. You can have your own additional insurance.
 

Conduct at an Open House
 

Basically, you shouldn’t just let people wander around. You are personally responsible for their safety. So, look after them!
 

Naturally, a statement to the effect that “I was trying to sell the house to someone else at the time of the fall” is not a good defence.
 

Safety first!
 

Brian Madigan LL.B., Broker

www.iSourceRealEstate.com


Tagged with: trip and fall liability salt sand shovel occupiers liability ontario law
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Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

BRMadigan@Rogers.com

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