Ontario legal information · Ottawa and Eastern Ontario
Ownership, occupation and control can point to different defendants.
A retailer, landlord, property manager, cleaning company or contractor may control different parts of a shopping centre. The lease and service arrangements can matter, but the injured person should begin with the exact aisle, entrance, parking area or common space.2
The duty is reasonable care, not a guarantee that every surface will always be safe. The maintenance system, notice of the condition and response time should be examined fairly.
The claim follows the people who controlled the condition.
Retail occupier
Store inspection, spill response, merchandising and employee observations may be relevant.
Property manager
Common-area maintenance, lighting, entrances and contractor supervision may belong to the landlord or manager.
Cleaning or winter contractor
Work logs, scope, timing and communications may show who performed the maintenance.
Ask for the operational record, not just a copy of the incident form.
Photograph the substance, object, mat, display, lighting and surrounding traffic before alteration.
Identify the camera view and request preservation for a useful period before and after the fall.
Obtain schedules, completed checks, cleaning logs, complaints and employee response records.
Record body movement, point of contact, footwear condition and the early medical findings.
A routine video-retention cycle can be shorter than any lawsuit deadline.
Give accurate notice and request preservation promptly. Keep proof of the request and identify the time window and camera area precisely.3
A snow-or-ice event on private premises can trigger a 60-day written-notice requirement. Other falls still require a separate limitation analysis.
How a personal injury lawyer may help after a fall.
A premises claim needs more than proof that someone was hurt. Legal work may have to identify the correct owner, occupier or contractor and preserve evidence before the condition changes.
- Identify all occupiers and maintenance contractors
- Preserve surveillance and operational records
- Test the inspection system against what occurred
- Connect the fall mechanics to the medical and functional record
Not every file requires every step or legal representation. The work should respond to the actual dispute, evidence gap or decision that is approaching.
Sources and legal references
These official sources provide the legal and procedural foundation for this page. Their current wording and the facts of the claim control.
View 3 sources
- Ontario — Occupiers’ Liability Act
Duties of occupiers and the 60-day snow-or-ice notice framework for private premises.
Back to footnote ↑ - Ontario — Limitations Act, 2002
The basic limitation period and discoverability framework.
Back to footnote ↑ - Ontario — Negligence Act
Ontario’s framework for shared fault and contribution between responsible parties.
Back to footnote ↑