Determining fault for falls on rented properties can be especially tricky. There is always the question of where the landlord’s liability ends, and the tenant’s liability starts. In the recent decision of Crete v. Ottawa Community Housing Corporation, the Court of Appeal for Ontario sheds light on the legal obligations surrounding rental properties especially the removal of snow and ice.

Facts of the Case  

The plaintiffs Daniel and Marguerite Crete were renting a townhouse from the corporate defendant, Ottawa Community Housing Corporation (OCHC). The plaintiffs signed a lease agreement for the rental property which had a “snow removal provision” stating that the plaintiffs were responsible for snow removal from the front and back doors of the premises to the main walkways.

Daniel Crete suffered injuries when he slipped and fell on the icy front step of the rental property. As a result, the plaintiffs sued the corporate landlord. OCHC brought a counterclaim against the plaintiffs as occupiers of the rented premises. OCHC argued that the plaintiffs were required to clear snow on the front steps of their rental property as per the snow removal provision in the lease agreement.

The Cretes brought a motion for summary judgment seeking dismissal of OCHC’s counterclaim, while OCHC brought a cross-motion seeking a variety of forms of relief including a declaration that the Cretes were responsible for winter maintenance of the rental property.

Governing Principles

• Section 26(1) of the Maintenance Standards Regulation: the landlord has the obligation to maintain exterior common areas.
• Section 20(1) of the Residential Tenancies Act (RTA): the landlord has an obligation to maintain residential complex in a state of repair and fit for habitation.
• Section 33 of the RTA : the tenant has an obligation to maintain the ordinary cleanliness of the rental unit.

In this case, the question arose of whether it was the tenants’ or the corporate landlord’s obligation to clear the front stairs and walkway of the rental property.

Motion

At the motion, the court interpreted “snow removal” as stated in the lease agreement to include the removal of snow in all its states, including ice and slush.

The court found that the snow removal provision was not inconsistent with section 20(1) of the RTA. Instead, the court found that section 33 of the RTA, which makes tenants generally responsible for “ordinary cleanliness of the rental unit”, requires tenants to clear snow and ice from areas used exclusively by them.

Court of Appeal

The Court of Appeal held that while the motion judge adopted an unduly narrow interpretation of the scope of section 20(1) of the RTA, she correctly found that section 26(1) of the Regulation only requires a landlord to clear snow from exterior common areas in a residential complex (such as the walkway of an apartment building), and not areas used exclusively by individual tenants.

The motion judge’s interpretation of the landlord’s responsibility to clear snow and ice under section 26(1) of the RTA is consistent with the court’s decision in Montgomery v. Ian. In Montgomery. In Montgomery, the court found that a lease provision requiring a tenant to clear snow from a shared area in a residential complex clashed with the landlord’s legal obligation to clear snow from all “exterior common areas” as per maintenance regulations. Consequently, the court ruled this lease provision invalid. However, the court specified that the tenant’s responsibility for snow removal applied only to areas exclusively designated for their own use, as interpreted by the motion judge.

Conclusion

The Court of Appeal’s decision in Crete v. Ottawa Community Housing Corporation offers some guidance on who is responsible for clearing snow and ice in different types of rental properties.

If you live in an apartment or condo building with shared outdoor spaces, like walkways or parking lots, the landlord is responsible for the snow and ice removal, no matter what your lease says. On the other hand, if you rent a townhouse or row house with your own designated outdoor areas, like a private walkway, your lease might specify that you are responsible for keeping it clear of snow and ice.

This decision underscores the importance of knowing your rights and responsibilities as a tenant when it comes to winter maintenance.

If you have any questions about whether your landlord could be held responsible for any injuries you have sustained as a result of the failure to clear snow and ice, contact one of the our lawyers at Burn Tucker Lachaîne PC. You can text us at 613-777-0992 or contact us through our website. We have offices in Ottawa, Hawkesbury, Waterloo and Toronto. We provide free initial consultations, in French and English.

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