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Ontario Slip and Fall: Law

Discussion in 'Business Fundamentals' started by Bajak, Oct 20, 2009.

  1. Bajak

    Bajak Senior Member
    Messages: 999

    Just some info on Ontario law
    Sorry it isn't in English:laughing:
    I'll explain some of the Jargon found here the best I can.
    Occupier includes... (b) a person who has responsibility for and control over the condition of premises or the activities there carried on....This would mean the contract company and supervisors.

    Restriction of duty or liability

    * 5. (1) The duty of an occupier under this Act, or the occupier’s liability for breach thereof, shall not be restricted or excluded by any contract to which the person to whom the duty is owed is not a party, whether or not the occupier is bound by the contract to permit such person to enter or use the premises.......To me this is pointing out an occupier is liable/responsible for employee or subcontractors no matter what is in writing.

    (2) A contract shall not by virtue of this Act have the effect, unless it expressly so provides, of making an occupier who has taken reasonable care, liable to any person not a party to the contract, for dangers due to the faulty execution of any work of construction, maintenance or repair, or other like operation by persons other than the occupier, employees of the occupier and persons acting under the occupier’s direction and control..... This means you cannot sue your employees or subcontractors and they can't sue you unless there is criminal negligence or activity .

    (3) Where an occupier is free to restrict, modify or exclude the occupier’s duty of care or the occupier’s liability for breach thereof, the occupier shall take reasonable steps to bring such restriction, modification or exclusion to the attention of the person to whom the duty is owed.....This gives the occupier the right to instruct, suspend or flat out fire employees or subs.

    Liability where independent contractor

    * 6. (1) Where damage to any person or his or her property is caused by the negligence of an independent contractor employed by the occupier, the occupier is not on that account liable if in all the circumstances the occupier had acted reasonably in entrusting the work to the independent contractor, if the occupier had taken such steps, if any, as the occupier reasonably ought in order to be satisfied that the contractor was competent and that the work had been properly done, and if it was reasonable that the work performed by the independent contractor should have been undertaken....This applies to "self employed one man shows" such as myself. Basically says occupiers are not liable for Independent contractors unless the occupier did not insure the independent contractor was competent.

    An Independent contractor is one who
    1. Has no employees.
    2. Little to no supervision.
    3. Is financially responsible for all their own equipment and business expenses.
    4. Holds a Master Business License as a sole proprietorship.
  2. Bajak

    Bajak Senior Member
    Messages: 999

    Here is a link to the Independent Contractor Questionnaire.


    Any contractor in Ontario hiring an independent as a sub should have this questionnaire filled out and a copy on file if the independent contractor is awaiting a ruling or does not have WSIB coverage.

    Any Independent contractor should have this on file also and submitted to receive a WSIB clearance or just fork over the money for the optional WSIB coverage of which you can never collect a dime (current legislation) if you were to hurt yourself.
  3. In The Hills

    In The Hills Junior Member
    Messages: 7

    Honestly, If anyone is actually a independent, Why would anyone want WSIB Coverage ? It's 1/3 more than you can get AD & D, Short & Long term disability, Life Insurance & Extended Health through a private plan. Plus you're covered 24 hours a day, not just at work and you can actually get paid out from it if something happens.

    There has been a problem in the construction industry for year with this.
  4. Bajak

    Bajak Senior Member
    Messages: 999

    I know exactly what you mean. Some companies ask me for it and I end up having to explain what an Independent Contractor really is. I've submitted the questionnaire to WSIB a couple of times thinking they would give me a number or something to put on proposals or tenders where it is required and all I have is two letters from WSIB stating that I don't qualify for WSIB coverage but I can contact them to obtain an optional WSIB account. It's ludicrous!.