Winter Walkers, Be Warned: Occupiers Benefit From Contributory Negligence Analysis

In the recent decision of Wilson v. 356119 Ontario Ltd. et al. (“Wilson”)¹, the Ontario Superior Court of Justice held that the defendant property manager and snow removal contractor did not meet their obligations under Section 3(1) of the Occupier's Liability Act, R.S.O. 1990, c. O.2 (the “Act”) to ensure reasonable safety of the premises by failing to apply salt to the snow and ice covered premises in a timely manner. Importantly, the plaintiff was also found to be 25% contributorily negligent for her injuries resulting from the slip and fall incident on the premises because she failed to take any special precautions despite being “a person living in Canada familiar with Canadian winters”.