Common Law Principles Before the Occupiers’ Liability Act (C-22)
Before the Occupiers’ Liability Act (the Act) was enacted, Alberta courts applied common law principles to determine an occupier’s duty of care. Under this system, the duty owed to a person entering a property depended on their classification:
Invitee: Someone entering for business purposes (e.g., a contractor or maintenance worker). The occupier owed the highest duty of care to ensure the premises were safe.
Licensee: A social guest or someone on the premises with permission but no business purpose. The occupier had to warn them of known hazards.
Trespasser: Someone unlawfully on the premises. The occupier had a very limited duty, only needing to refrain from intentional harm.
This approach led to inconsistent legal outcomes because liability depended on the visitor’s classification rather than the overall safety of the premises.
Statutory Changes: A General Duty of Care Under the Occupiers’ Liability Act
The Occupiers’ Liability Act replaced the common law classification system with a general duty of care for all visitors. This change is reflected in the Act, which states:
"An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that a person and that person’s property on the premises will be reasonably safe in using the premises."
This means that:
The duty of care applies equally to all visitors, regardless of their reason for being on the property.
The focus is on the occupier’s actions and whether they took reasonable steps to ensure safety.
An occupier’s liability is determined by whether they acted reasonably, rather than by the visitor’s classification.
For condominium corporations and managers, this means they must implement consistent safety measures for all individuals accessing the property, including residents, guests, maintenance workers, and delivery personnel.
Legal Interpretations: Alberta Courts and the Duty of Care
Alberta courts have reinforced that the Occupiers’ Liability Act creates a broad and proactive duty on those responsible for a property. Legal interpretations emphasize:
Occupiers must anticipate potential risks and take reasonable steps to prevent harm, rather than waiting for an incident to occur.
Liability can apply even if an occupier was unaware of a hazard, if a court determines that reasonable inspections and maintenance should have identified it.
Shared responsibility: More than one party (e.g., a condominium corporation and its condominium manager) may be considered an occupier and share liability for the same incident.
For example, if a resident slips on an unmarked wet floor in a condominium lobby, both the condominium corporation and the condominium manager may be found liable if reasonable steps (e.g., warning signs, prompt cleaning) were not taken.
Impact on Risk Management in Condominium Corporations
The shift from common law classifications to a general duty of care affects how condominium corporations and managers approach risk management. Key considerations include:
Regular Inspections: Conducting routine property checks to identify and address hazards before they result in injury.
Clear Safety Policies: Establishing documented procedures for maintenance, security, and emergency response.
Training for Staff and Contractors: Ensuring that those responsible for maintaining the property understand their obligations under the Occupiers’ Liability Act.
Insurance Coverage: Securing liability insurance to protect against potential claims arising from unsafe conditions.
By implementing these risk management strategies, condominium managers can reduce liability exposure while ensuring compliance with the Act.
