Who is responsible for clearing snow and ice from the building?

With winter conditions across the province, the question arises as to who is responsible for clearing snow and ice from outdoor spaces and walkways. These are often mutually agreed upon arrangements.

When signing the lease agreement with your tenants, you should indicate in section E of the lease who is responsible for maintaining access and emergency exits. As an owner-occupant, you must also ensure that your visitors are not at risk of injury if you occupy the building. You could face legal action. On the tenant's side, it is expected that the balcony will be cleared of snow to avoid overweight and water infiltration in the spring if the door threshold is low.

While not expecting a constant vigil from the landlord or maintainer, it is expected that maintenance will be done in an efficient and timely manner to avoid unsafe conditions. If an accident occurs, the victim has the burden of proof to show that there was negligent maintenance. The use of case law will support decisions on a case-by-case basis.