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Litigation

What duties does the Occupiers' Liability Act impose on a property owner in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

The Occupiers' Liability Act requires whoever has control over a property - which is not necessarily the legal owner, but could be a tenant, property manager, or contractor in charge of the space - to take reasonable care to see that people entering the premises, and property they bring with them, are reasonably safe while they are there. The standard is reasonable care, not a guarantee of absolute safety, and what counts as reasonable depends on things like the nature of the premises, the purpose for which the visitor is present, and the risks a reasonable occupier in that position would be expected to anticipate and address.

This duty applies broadly, whether the property is a business open to the public, a private home, or public land, though the precise scope of the duty can vary depending on who is entering - an invited guest is generally owed more than someone entering without permission, addressed in related questions about trespassers. Occupiers can also modify their duty toward visitors in some circumstances, for example through clear warnings or agreements, which can affect what a court considers reasonable in a specific situation.

Key takeaways

  • The Occupiers' Liability Act requires whoever controls a property to take reasonable care to keep visitors reasonably safe.
  • The duty falls on whoever has actual control, which is not always the legal owner.
  • The standard is reasonable care, not a guarantee against every possible accident.
  • What is reasonable depends on the type of premises and the purpose of the visit.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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