We previously blogged about the importance of maintaining the common elements in the winter with snow and ice posing serious liability concerns. We touched upon the importance of insurance and how condominium corporations should ensure that all of their winter contractors are properly insured. Particulars of the insurance coverage should be provided to condo corporations in advance.
We have learnt that it is not only condos facing serious challenges with insurance. As set out in Tony DiGiovanni’s July 3, 2020 article in landscapeontario.com:
“Insurance has quickly become a huge issue for many business owners in the landscape and horticulture profession”.
In particular, many insurance companies will not cover snow and ice operations. Further, service providers have reported insurance premium increases anywhere from 25 to 400 per cent. Some cannot obtain insurance at any cost.
While Landscape Ontario’s Snow and Ice Management Sector Group are taking steps to address this issue (including supporting Bill 118 which calls for a 10 day limitation period as opposed to 2 years and looking into creating their own insurance company), this does pose a serious issue to condo corporations. In particular, we strongly recommend that well in advance of the winter season, all condo corporations should confirm their winter contractors are fully insured with current coverage in place. Condo corporations should be asking for particulars of the policy.
In the event that there is a slip and fall or some other insurable event and the snow removal company is not insured, there can be serious liability issues for the condo corporation and its insurer. While it is currently sunny and humid outside, it is never too early to start preparing for the winter.