For Canadian homeowners and businesses, snow removal contracts are essential — but the terms vary dramatically between providers. The most critical clause is often the one least understood: liability for slip-and-fall injuries. If someone falls on your property because snow removal was inadequate, the question of whether you or the snow removal company bears liability depends entirely on the contract terms. Trigger depth (how much snow must fall before the company comes out), response times, salting/sanding provisions, and seasonal pricing structures all need careful review before you commit to a winter-long contract.
What is a Service Terms and Liability?
A snow removal contract is a service agreement between a property owner (residential or commercial) and a snow removal company for clearing snow and ice from driveways, walkways, parking lots, and other areas during the winter season. Contracts typically operate on either a per-visit basis (charged each time the company clears snow) or a seasonal flat rate. Key terms include the trigger depth (typically 2-5 cm of accumulation before service is triggered), response time after snowfall, areas to be cleared, salting/sanding provisions, and liability allocation. In Canada, property owners have a duty of care under provincial occupiers' liability legislation to maintain safe premises, and snow removal contracts often attempt to transfer or share this liability.
Red flags to watch for
While property owners bear primary liability under occupiers' liability law, a contractor who negligently performs snow removal should share liability. A blanket indemnity that protects the contractor even when they are at fault is one-sided.
Without a committed response time (e.g., 'within 4 hours of snowfall ending'), the contractor can service your property at their convenience. For businesses, a slow response creates slip-and-fall liability exposure.
A 5 cm trigger depth means snowfalls of 4.9 cm are not cleared, which is enough to create hazardous conditions. For commercial properties, a 2 cm trigger is more appropriate.
Snow removal without ice management is only half the service. Separate per-visit ice management charges can double the effective cost of the contract during freeze-thaw cycles.
If you pay a flat seasonal rate and the company consistently misses visits or responds late, you should have a right to a partial refund or contract termination. No performance guarantee means you bear all the risk.
Your legal rights
Property owners in Canada have a duty of care under provincial occupiers' liability legislation (e.g., Ontario Occupiers' Liability Act, BC Occupiers Liability Act, Alberta Occupiers' Liability Act) to maintain reasonably safe premises, including snow and ice management. When a snow removal contractor is hired, liability can be shared under the principles of joint negligence. Municipal bylaws in many cities (e.g., Toronto Municipal Code Chapter 719, City of Calgary Bylaw 20M2003) require property owners to clear sidewalks within a specified time after snowfall (typically 24-48 hours) or face fines. The contractor's obligations are defined by the contract, not the bylaw — meaning the property owner remains liable for bylaw compliance even if the contractor fails to perform. Disputes are governed by provincial contract law, and claims for property damage or personal injury from negligent snow removal can be pursued through small claims court or superior court.
Questions to ask before you sign
- 1What is the trigger depth for service, and does it apply to each snowfall or cumulative daily totals?
- 2What is your guaranteed response time after snowfall stops?
- 3Is salting or sanding included in the contract, or is it charged separately?
- 4What happens if you miss a scheduled visit — is there a service credit or penalty?
- 5Does your contract include a hold harmless clause, and if so, does it apply even if the slip-and-fall was caused by your negligent service?
- 6What insurance do you carry, and what is your coverage limit for property damage and personal injury?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.