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Court Found Tenant Not Required to Complete Snow Removal Tasks

Posted on January 28, 2010 by HSC


In November 2009, the Ontario Court of Appeals decided that landlords cannot require tenants to complete snow removal tasks as a condition of their leases.

 

The situation began when a tenant commenced a legal action against a respondent landlord for damages after she slipped and fell on the premises. The tenant claims that she slipped on ice on the walkway leading to her basement apartment. But in his defence, the landlord argues that the tenant is “responsible for keeping their walkway and stairway clean (including snow removal)” based on the Condition of Lease.

 

Well, Ontario Court of Appeals made a decision on the case, Montgomery v. Van. The Court found that landlords cannot require tenants to complete snow removal tasks as a condition of their leases as it violates the Tenant Protection Act. The Residential Tenancies Act Regulation 517/06 seems to impose similar maintenance obligations on landlords. If landlords want them to clear their own walkways, driveways, etc., they must enter into a separate contract with the tenants for snow removal.

Comments:

3 Responses to Court Found Tenant Not Required to Complete Snow Removal Tasks

  1. Posted By: Kathleen Sheen on February 4, 2010 at 1:15 pm

    How does this decision affect Co-op’s?

    • Posted By: Rachel Magee on February 5, 2010 at 3:49 pm

      Thank you for your question, but we cannot provide legal advice. We recommend that you contact your lawyer for an opinion on how this decision may affect Co-ops.

  2. Posted By: Mary Boushel on April 8, 2011 at 12:49 pm

    I cannot give legal advice, but I am concerned about the blanket interpretation of this court decision. The Court relies on the regulations under the TPA (or the RTA) to determine that maintenance obligations of the landlord, but those standards may not apply in all circumstances. See s 224(1) of the RTA

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