RESIDENTIAL TENANCIES — Landlord’s obligations — Common areas

Law360 Canada ( July 26, 2024, 11:59 AM EDT) -- Appeal by Marguerite Crete and her son Daniel Crete (Cretes) from motion judge’s finding that Snow Removal Provision required them to clear areas used exclusively by them, which included the area where Daniel fell. The Cretes leased a townhouse from Ottawa Community Housing (Ottawa). Daniel fell on ice on the front step. The Cretes sued Ottawa for the injuries Daniel suffered. Ottawa counterclaimed for contribution and indemnity for any amount it was ordered to pay the Cretes, on the basis that Marguerite was responsible for snow clearing on the front step as a signatory to the lease and an occupier of the rented premises. The lease contained a “Snow Removal Provision,” making tenants responsible for clearing snow from front/back doors to main walkways. The Cretes submitted that the motion judge erred in finding the Snow Removal Provision was not void/inconsistent under s. 4(1) of the Residential Tenancies Act (RTA). Ottawa submitted that the motion judge did not err in her interpretation of the Provision....
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