A provision in the lease agreement assigned snow removal duties to the tenants
In a recent personal injury case, the Ontario Court of Appeal has ruled that the appellants are responsible for snow removal under their lease agreement with the Ottawa Community Housing Corporation after a slip-and-fall incident.
The Ottawa Community Housing Corporation denied liability for Daniel Crete’s injuries after he slipped and fell on ice at his rented townhouse, citing a lease provision assigning snow removal duties to the tenants. The corporation also counterclaimed for contribution and indemnity, arguing that Daniel’s mother, Marguerite Crete, was responsible for snow clearing as a signatory to the lease.
Marguerite filed a motion for summary judgment to dismiss the counterclaim, while the housing corporation sought various forms of relief, including the dismissal of the Cretes' action. The motion judge found that the lease’s snow removal provision was consistent with the Residential Tenancies Act, 2006 (RTA) and held that the provision required the Cretes to handle winter maintenance of the area where the accident occurred. Both parties’ other requests for summary judgment were dismissed.
On appeal, Marguerite argued that the snow removal provision was void under s. 4(1) of the RTA, making the landlord responsible for snow clearing. The respondent contended that the motion judge’s order was interlocutory and not appealable but alternatively defended the judge's interpretation of the snow removal provision and its consistency with the RTA.
The Court of Appeal determined the motion judge’s order was final and, therefore, appealable. Although the motion judge misinterpreted certain provisions of the RTA, the appellate court agreed with the judge's conclusion that the snow removal provision was not inconsistent with the RTA. Specifically, the court upheld the finding that the lease provision assigned the responsibility for clearing snow and ice from the steps exclusively used by the Cretes to them rather than the landlord.
The motion judge interpreted s. 20(1) of the RTA requires landlords to maintain a property in good repair and comply with health and safety standards, not extending to snow and ice removal. Instead, the judge applied s. 33 of the RTA, which assigns tenants the duty of maintaining ordinary cleanliness, including snow removal for areas they exclusively use.
The court ultimately dismissed the appeal, affirming the motion judge's interpretation that the Cretes were responsible for snow removal in areas solely used by them, such as the front steps of their townhouse. This decision also upheld that the snow removal provision in the lease did not conflict with the RTA’s maintenance standards.
