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ARTICLE · 28 NOVEMBER 2022

Who Is Responsible For Apartment Building Accidents?

In Ontario, the Occupier's Liability Act ("OLA") governs the responsibilities of occupiers of real property. If you have been injured by an accident that occurred in an apartment building...

CanadaLitigation, Mediation & Arbitration

In Ontario, the Occupier's Liability Act ("OLA") governs the responsibilities of occupiers of real property. If you have been injured by an accident that occurred in an apartment building, the party responsible depends on where the accident happened on the property and your relation to the incident itself.

An "occupier" is defined under the OLA under section 1 as:

(a) a person who is in physical possession of premises, or

(b) 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

In essence, an occupier is responsible to ensure that property within their control is reasonably safe. To be liable, an occupier must have either known or should have known about the hazard, and they failed to take steps to alleviate the hazard. It's also common for occupier's liability cases to have shared liability between different parties, depending on the nature

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