Braving Alberta Winters: Occupier's Liability For Property Owners

The Occupiers' Liability Act mandates property owners to maintain reasonably safe premises despite winter challenges. Morton v Woodside Realty Inc. demonstrates that the presence of snow and ice alone does not constitute negligence, provided property owners have reasonable inspection and maintenance programs in place. This ruling underscores that winter realities lower the standard of care but emphasize proactive maintenance. Property owners are encouraged to implement comprehensive snow and ice management policies to meet their legal obligations effectively and minimize liability risks.

With temperatures regularly in the -30s and feet of snow, braving Alberta winters is no joke. This makes it particularly important for "occupiers" of property, the person or entity who has responsibility for and control of the property, to ensure the safety of individuals who enter the property during the winter. The Occupiers' Liability Act, RSA 2000, c O-4 has long governed the