Occupiers’ Liability Act
The Occupiers’ Liability Act sets out the duty that an occupier of premises owes to persons entering the premises and to property brought on to the premises. An occupier is a person who is in physical possession of premises or a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises. An occupier must take such care as is reasonable in the circumstances to ensure that persons and property on the premises are reasonably safe from dangers caused either by the condition of the premises or activities carried out on the premises. (A less strict duty of care applies where a person entering premises willingly assumes the risk—see section 4). Where the occupier is a tenant and the tenancy agreement stipulates that the landlord is responsible for the maintenance or repair of the premises, the landlord has the same duty of care as the occupier with respect to dangers resulting from the landlord’s failure to carry out those maintenance and repair responsibilities (section 8).
Link: Occupiers' Liability Act (www.e-laws.gov.on.ca)