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In Ontario winters, ice and snow are more than just seasonal inconveniences—they can create serious legal risks for property owners and occupiers. One often overlooked hazard is the formation of ice dams and icicles on rooftops, which can fall and cause significant injury to pedestrians below. When this happens, the question becomes: who is legally responsible?
Under the Occupiers’ Liability Act, property owners and occupiers have a duty to ensure that their premises are reasonably safe for anyone entering or passing by. This includes managing foreseeable hazards like falling ice from buildings. Failure to do so may result in liability for personal injury.
Many municipalities, including Toronto, Ottawa, and Brampton, also have by-laws that impose clear obligations on owners and tenants to remove snow and ice buildup from rooftops, especially where it poses a risk to the public. These rules often require prompt removal and, where necessary, public warnings during cleanup.
Negligence can arise where an owner knows or ought to know about the danger but fails to act. Courts have held owners liable in such cases, especially where the use of guards, removal services, or other precautions could have prevented the injury.
To reduce risk, property owners should take proactive steps, including regular roof inspections, timely removal of ice buildup, and posting signage when conditions are hazardous.
If you or someone you know has been injured by falling ice or snow from a building, contact JRJ LAW at 1 (844) DIAL JRJ to learn about your rights and whether you may be entitled to compensation.