Tenant Slips on Ice at Your Rental Property — Is the Ontario Landlord Responsible?

It snows overnight.

The next morning, your tenant walks down the driveway.

They slip on a patch of ice and fall.

A few hours later, you receive a message:

“I hurt my back this morning. The driveway wasn’t cleared.”

But your lease says:

“Tenant is responsible for snow removal.”

So that means the landlord has nothing to worry about.

Right?

Not necessarily.

Snow and ice responsibility in Ontario rental properties is more complicated than simply checking one line in the lease.

The answer can depend on:

• whether the area is shared or used exclusively by one tenant;
• what the lease actually says;
• the type of rental property;
• applicable municipal rules;
• who had possession and control of the area;
• whether a snow-removal contractor was hired;
• and the circumstances surrounding the accident.

For GTA landlords, this is worth understanding before the first major snowfall, not after somebody gets hurt.

First: Ontario Landlords Do Have Maintenance Responsibilities

Ontario’s Residential Tenancies Act says a landlord is responsible for maintaining the residential complex in a good state of repair and complying with applicable health, safety, housing and maintenance standards.

Ontario’s Maintenance Standards regulation goes further when it comes to shared outdoor areas.

It says exterior common areas must be maintained so they are suitable for their intended use and free of hazards, including:

unsafe accumulations of ice and snow.

That can include shared:

• walkways;
• parking areas;
• paths;
• exterior grounds;
• entrances;
• and other areas used by multiple tenants.

So if you own a multi-unit rental property with a shared walkway, simply writing:

“Tenants are responsible for snow removal”

into the lease does not automatically transfer the landlord’s statutory responsibility for those common areas.

There is actually an Ontario Court of Appeal case directly on this point.

The Important Case: Montgomery v. Van

In Montgomery v. Van, a tenant slipped on ice on a walkway leading to her apartment.

The lease said tenants were responsible for keeping their walkway and stairway clean, including snow removal.

The landlord relied on that clause.

But the Ontario Court of Appeal found that the clause conflicted with the statutory obligation requiring the landlord to ensure common outdoor areas were kept free of unsafe snow and ice.

The Court explained that a landlord may arrange for someone else — potentially even a tenant — to perform snow-removal services.

But a vague lease clause cannot simply eliminate the landlord’s statutory responsibility for common areas.

That led many Ontario landlords to hear a very simplified rule:

“Landlords are always responsible for snow removal.”

But that is not the whole story either.

A newer Court of Appeal case added an important distinction.

A 2024 Ontario Court Decision Changed How Many Landlords Should Look at This

In Crete v. Ottawa Community Housing Corporation, decided by the Ontario Court of Appeal in 2024, a tenant’s family member slipped on ice on the front step of a rented townhouse.

The lease required the tenant to remove snow from the front and back doors to the main walkways.

The important difference was that the front step and pathway were found to be areas:

used exclusively by that tenant

rather than common areas shared with other tenants.

The Court of Appeal confirmed that Ontario’s specific maintenance regulation requiring landlords to remove unsafe snow and ice applies to exterior common areas, not every outdoor area exclusively used by an individual tenant.

Because the snow-removal clause in that case applied only to the tenant’s exclusive-use area, the Court upheld it.

That distinction matters a lot.

Common Area or Exclusive-Use Area?

Consider two different properties.

Property A: Multi-unit house

Three tenants live in separate units.

Everyone uses the same front walkway and front steps.

That looks much more like a:

common area.

The landlord has statutory maintenance responsibilities for common exterior areas, including unsafe accumulations of snow and ice.

Property B: Townhouse rented to one household

The tenant has their own private entrance.

Their front steps and short walkway are only used by that household.

That may be an:

exclusive-use area.

The 2024 Crete decision confirms that the Maintenance Standards regulation does not impose the same snow-removal obligation on the landlord for exclusive-use areas that it imposes on exterior common areas.

That does not, however, mean every landlord with a single-family rental can simply forget about snow removal.

There are other rules to consider.

“The Lease Says the Tenant Shovels” Is Not the End of the Analysis

This is where landlords should be careful.

Imagine your lease says only:

Tenant responsible for snow and lawn care.

That sentence does not automatically answer every legal question.

You still need to consider:

• Is the area common or exclusive?
• Is the clause specific enough?
• Do municipal property standards apply?
• Who actually controls the area?
• Are there other safety obligations?
• Could the landlord still qualify as an “occupier” under Ontario liability law?
• Was the hazard reasonably addressed?

The enforceability and effect of a clause can depend heavily on the actual property and circumstances.

So landlords should avoid relying on:

“But it says tenant responsible in my lease.”

as their entire winter risk-management plan.

What About a Single-Family House?

This is probably the situation many small GTA landlords care about most.

You rent out one detached house.

The tenant has:

• exclusive use of the driveway;
• exclusive use of the front steps;
• exclusive use of the backyard;
• exclusive use of the walkway.

Can the lease require the tenant to shovel those areas?

The Crete decision makes clear that the provincial rule specifically requiring landlords to remove unsafe snow and ice from common areas does not automatically apply to areas used exclusively by one tenant.

But that still does not mean every single-family rental is identical.

Municipal bylaws can impose their own requirements.

Liability rules may also depend on who had responsibility and control over the property.

So for a detached rental house, the correct question is not simply:

“Is snow removal always landlord or always tenant?”

It is:

“What rules apply to this particular property and what does the agreement actually require?”

Toronto Landlords Also Need to Think About Municipal Rules

If your rental property is in Toronto, there are additional local snow-removal requirements.

Toronto’s current Municipal Code says an owner or occupant must clear snow and ice from private-property areas such as:

• steps;
• landings;
• walkways;
• driveways;
• parking spaces;
• ramps;

within 24 hours after snowfall, so that people and vehicles can safely enter and leave. If those areas later become slippery, suitable material such as salt or sand must be applied as necessary.

Toronto also has rules dealing with sidewalks adjacent to properties, although City snow-clearing policies can affect who physically clears certain public sidewalks.

Other GTA municipalities may have different bylaws and timelines.

So a property in:

Toronto

should not automatically be managed using the exact same winter procedures as a property in:

Markham, Richmond Hill, Vaughan or Mississauga.

Local rules matter.

What If You Hired a Snow Removal Company?

Suppose you own a triplex.

You hire a professional company to clear the snow.

There is a snowfall overnight.

The contractor is supposed to arrive by 7:00 a.m.

They do not show up.

At 8:30 a.m., one of your tenants slips.

The landlord may understandably think:

“That’s the snow company’s problem—I hired them.”

But hiring a contractor does not necessarily mean the landlord can completely stop paying attention to the condition of the property.

Ontario’s Occupiers’ Liability Act requires an occupier to take reasonable care in the circumstances to see that people entering the premises are reasonably safe. The Act also has specific provisions dealing with work performed by independent contractors.

Who may ultimately be legally responsible depends on the facts.

From a property-management perspective, the practical lesson is simpler:

Do not just hire a contractor and assume the problem has disappeared.

You should still know:

• When service is triggered
• When the contractor attended
• What areas are included
• Whether salting is included
• What happens after freezing rain
• Who responds if a tenant reports ice
• Whether missed service is documented

“They Cleared the Snow Yesterday” May Not Be Enough

Snow removal is not always:

snowfall → shovel once → finished.

One of the biggest winter problems is:

freeze-thaw cycles.

Snow melts during the afternoon.

Water runs across a walkway.

Temperature drops overnight.

By morning:

black ice.

No new snow fell.

But the property may still have a serious hazard.

That is why a winter maintenance process should think about:

ice, not only snow.

Toronto’s rules, for example, specifically require slippery private-property areas to be treated after snow removal when necessary.

For landlords, this means the question should not only be:

“Was the driveway shoveled?”

It should also be:

“Is the driveway currently safe?”

What If the Tenant Reports Ice?

Imagine the tenant texts at 7:15 a.m.:

“The front walkway is completely icy.”

Do not leave the message unanswered until the next day.

At minimum, the landlord or property manager should have a system to:

1. Record the complaint
2. Determine where the hazard is
3. Confirm who is responsible for servicing that area
4. Contact the contractor if applicable
5. Follow up
6. Keep records of what happened

Even when legal responsibility is not obvious, ignoring a known safety concern is rarely a good management strategy.

A message saying:

“The steps are dangerously icy.”

should be treated differently from:

“The hallway lightbulb is out.”

Both need attention.

But one may involve an immediate injury risk.

Keep Records—Especially in Winter

Suppose someone slips on January 20.

Six months later, you are asked:

“When was the driveway last cleared?”

Do you know?

This is where landlords often have problems.

You may remember hiring someone.

But can you show:

• Service dates?
• Contractor invoices?
• Weather-related visits?
• Salting records?
• Tenant complaints?
• Text messages?
• Photos?
• Follow-up records?

A contractor saying:

“We definitely would have gone there.”

is not the same as having a documented service record.

For rental properties, winter maintenance records can be surprisingly important.

What If the Tenant Actually Falls?

If your tenant — or a visitor, delivery driver or another person — reports an injury caused by snow or ice at the property, do not immediately start arguing about who is at fault by text message.

Instead, consider taking practical steps such as:

• Documenting when and where the incident was reported
• Preserving relevant messages
• Taking or arranging photographs where appropriate
• Preserving snow-removal records
• Contacting your insurer promptly
• Notifying the snow-removal contractor where relevant
• Seeking legal advice if necessary

Ontario’s Occupiers’ Liability Act also contains a special notice rule for injuries caused by snow or ice: generally, written notice of such a claim must be provided to an occupier or relevant snow-removal contractor within 60 days, subject to exceptions.

Landlords should not treat that rule as a reason to ignore an incident or assume a claim is automatically invalid if notice appears late. There are exceptions, and liability depends on the facts.

If someone reports an injury, notify the appropriate professionals rather than trying to decide the legal outcome yourself.

Scenario 1: Shared Walkway at a Duplex

You own a duplex in Toronto.

The upstairs and downstairs tenants both use the same front path and stairs.

The lease says:

“Tenants responsible for snow removal.”

Nobody shovels.

One tenant slips.

This is the type of situation where the landlord should be very cautious about assuming that the lease clause has transferred responsibility.

Shared outdoor areas can fall within the landlord’s common-area maintenance obligations, and the Ontario Court of Appeal has previously rejected an attempt to shift statutory responsibility for common-area snow removal through a vague tenancy clause.

Scenario 2: Private Front Steps at a Townhouse

You rent a townhouse to one family.

They have their own entrance.

Only they use the short walkway and front steps.

The lease specifically requires them to clear snow from that private area.

This looks much more similar to the situation considered in Crete v. Ottawa Community Housing Corporation.

The Ontario Court of Appeal upheld the snow-removal provision there because it applied to areas reserved for the tenant’s exclusive use rather than shared common areas.

But again, municipal rules and other liability considerations still need to be considered.

Scenario 3: The Snow Contractor Misses the Property

You manage a four-unit property.

A contractor is hired for the winter.

Their agreement says service begins after a certain amount of snowfall.

Tenants complain the driveway has not been cleared.

Nobody follows up because:

“The contractor should be coming.”

A tenant later falls.

Whether the contractor, landlord, another party or some combination may ultimately bear responsibility is a legal question.

But from a management standpoint, there was an obvious failure:

Nobody confirmed that the property had actually been serviced.

That is exactly the type of problem good property-management procedures are designed to prevent.

A Better Winter System for Landlords

Instead of waiting for a complaint, landlords should decide before winter:

Who is responsible for each area?

For example:

Front common walkway → contractor

Rear common steps → contractor

Private townhouse driveway → tenant under the applicable arrangement

Parking lot → contractor

Sidewalk → confirm municipal requirements

Then decide:

Who checks when something goes wrong?

You should know:

• Who tenants contact
• Who contacts the snow company
• How emergency ice complaints are handled
• What documentation is kept
• What happens if the contractor misses service

The goal is not to create paperwork for the sake of paperwork.

The goal is to avoid discovering after an accident that:

everyone thought somebody else was responsible.

Do Not Wait Until the First Snowstorm to Read the Lease

October is actually the better time to check this.

Look at:

• The tenancy agreement
• Any separate maintenance agreement
• Snow-removal contract
• Property layout
• Shared versus exclusive-use areas
• Municipal requirements
• Insurance coverage

If your entire snow-removal strategy is one sentence saying:

“Tenant responsible for snow.”

you may want to understand exactly what that sentence does — and does not — accomplish.

Topromanage Perspective

Winter property management looks simple until something goes wrong.

A landlord may think:

“I already hired a snow company.”

The tenant may think:

“Snow is the landlord’s job.”

The contractor may think:

“That amount of snowfall didn’t trigger service.”

And nobody realizes there is a sheet of ice at the front entrance.

That is the real management problem.

Someone needs to know:

• Who is responsible for each area
• Whether service was completed
• Whether the tenant reported a hazard
• Whether the contractor responded
• Whether the issue was actually resolved
• Whether records were kept

Property management is not only about collecting rent.

It is also about making sure the small operational things that landlords do not think about every day are actually being followed up.

Because in winter:

one missed service visit can become a much bigger problem.

Own a Rental Property in the GTA This Winter?

If you own a rental property in:

Toronto, Markham, Richmond Hill, Vaughan, Mississauga or elsewhere in the GTA,

ToproManage can assist with day-to-day rental management, including:

• Tenant communication
• Maintenance coordination
• Vendor and contractor follow-up
• Property inspections
• Issue documentation
• Rent collection and record keeping
• Ongoing property management

If you are considering property management, tell us:

Property location + property type + current tenancy situation

and we can help you understand what day-to-day management would look like for your property.

Because winter maintenance is not just:

“Who owns the shovel?”

The bigger question is:

“Who is making sure the property is actually being looked after?”

Frequently Asked Questions

Is an Ontario landlord always responsible for snow removal?

Not necessarily in every situation. Ontario’s maintenance regulation specifically requires landlords to ensure unsafe snow and ice are removed from exterior common areas. The 2024 Ontario Court of Appeal decision in Crete confirmed that this specific requirement does not extend in the same way to areas used exclusively by individual tenants.

Can a lease say the tenant is responsible for snow removal?

Potentially, but the answer depends on the area and the wording. A lease clause cannot simply override statutory obligations applying to common areas. In Montgomery v. Van, a provision attempting to place common-area snow removal responsibility on tenants was found inconsistent with the applicable maintenance obligation.

What about a tenant’s private driveway or front steps?

The 2024 Crete decision confirmed that a snow-removal lease provision relating to areas used exclusively by one tenant was not inconsistent with the provincial common-area snow-removal regulation. Municipal rules and the specific facts should still be reviewed.

How quickly does snow need to be removed in Toronto?

Toronto’s Municipal Code currently requires owners or occupants to clear snow and ice from certain private-property areas, including steps, walks and driveways, within 24 hours after snowfall, and to address slippery conditions as necessary.

If I hire a snow-removal company, am I automatically protected?

No blanket rule guarantees that. The responsibilities of landlords, occupiers and contractors can depend on the facts and applicable law. From a management perspective, landlords should keep the contract and service records and have a process for following up on missed service or reported hazards.

What should I do if a tenant says they were injured on ice?

Document the report, preserve relevant evidence and maintenance records, contact your insurer promptly and seek appropriate legal advice where necessary. Avoid admitting or assigning liability before the facts are properly reviewed.

The Bottom Line

If a tenant slips on snow or ice at an Ontario rental property, the answer is not automatically:

“The landlord is responsible.”

It is also not automatically:

“The lease says the tenant shovels, so the landlord is protected.”

The more useful questions are:

Was the area shared or exclusively used by one tenant?

What did the lease actually require?

What provincial and municipal maintenance rules applied?

Who had responsibility and control over the area?

Was a contractor involved?

Was there a known hazard?

What maintenance records exist?

The best time to figure these things out is:

before the snow arrives.

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