What is occupiers' liability in Canada?
Occupiers' Liability Acts (Ontario, BC, Alberta, and others) require anyone who controls a property to take reasonable care to keep visitors reasonably safe. This covers slip and falls, falling objects, inadequate security, and dangerous conditions. The occupier must address hazards they knew about or should have discovered.
How does contributory negligence work in a premises claim?
Provincial Negligence Acts reduce your damages by your percentage of fault. If you were 25% responsible (for example, ignoring a warning sign), you recover 75% of your damages. Unlike some US states, Canada does not bar recovery just because you are more than 50% at fault.
Is there a notice period for premises claims in Canada?
For injuries on municipal property (such as icy sidewalks), most provinces require written notice within a short window - 10 days in Ontario under the Municipal Act. The general limitation period is usually 2 years, but the short municipal notice period can defeat a claim if missed.
What damages can I recover in a premises liability claim?
You can recover medical expenses, future care costs, past and future lost income, and general damages for pain and suffering. Amounts depend on injury severity and comparable case law. Non-pecuniary damages are subject to the Supreme Court of Canada cap of roughly $430,000 for the most catastrophic cases.