Occupiers’ Liability Act Compliance in Condominiums

The Risk 

Under Ontario’s Occupiers’ Liability Act, condominium corporations are legally responsible for taking “reasonable care” to keep the property safe for residents, visitors, contractors, and even trespassers.  This includes preventing slip and fall hazards, maintaining security systems, ensuring adequate lighting, and addressing physical risks promptly.  Failure to meet this duty can result in lawsuits alleging negligence, with financial damages awarded against the corporation and potentially its directors.

Real Incident Example  

In 2022, a condominium in Ottawa faced a $120,000 lawsuit after a resident slipped on an icy walkway that had not been properly maintained or inspected. The condominium’s lack of documented snow and ice inspections was a key factor in the court ruling against the corporation.

Common Compliance Gaps

• Daily sidewalk and entrance inspections are performed but not documented

• Slip, trip, and fall hazards are not tracked or corrected promptly

• Security camera functionality and lighting inspections lack formal records

• Inadequate communication between staff and board on safety concerns

  
  

The Solution with Safe Buildings  

Safe Buildings helps condominiums fulfill their duty by:

• Digitizing daily and weekly inspections with time-stamped photographic evidence

• Providing automated reminders to ensure inspections are never missed

• Tracking hazard identification and corrective actions in real time

• Centralizing all inspection records for audit and insurance review

  
  

Outcome:  Boards can demonstrate reasonable care was taken to maintain safe premises, reducing liability risk and improving resident safety.

Benefits for the Property Manager

• Simplifies daily inspection scheduling and follow-up

• Reduces risk of missed maintenance issues escalating into claims

• Provides defensible proof of compliance during legal or insurance inquiries

• Improves communication with residents and board by sharing inspection results

  
  

Ultimate Benefits for Residents

• Safer, well-maintained common areas and entrances

• Faster hazard remediation reducing injury risk

• Increased confidence in management’s commitment to their wellbeing

• Clearer communication on safety efforts and incident handling

  
  

Key Takeaways

• Documentation of routine safety inspections is critical for Occupiers’ Liability defense.

• Digital tools improve reliability and transparency of hazard management.

• Safe Buildings protects everyone residents, managers, and directors from preventable risks.

Safe Buildings – Compliance Made Simple 

www.safebuildings.ca