Understanding Homeowner Liability in Ontario

Suzy Albornoz
Oct 27
5 min read

Updated: 1 day ago

What Ontario Law Says About Homeowner Liability

Occupiers’ Liability

Under Ontario’s Occupiers’ Liability Act, R.S.O. 1990, c. O.2, an “occupier” of premises (which can include a homeowner) owes a duty "to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises … are reasonably safe while on the premises."

This duty applies whether the danger arises from the property condition itself or from an activity carried on the premises. Ontario+1

If a contractor is working on your property and gets injured due to unsafe conditions you allowed, you could be found to have breached this duty.

Health & Safety & Construction-Site Specific Rules

If a renovation or construction project is underway, the laws shift a little. Under the Occupational Health and Safety Act (OHSA) and related guidelines, you as the property owner may, in some cases, be considered a “contractor” or employer and owe responsibilities for the health and safety of all workers on site. For example:

The Ontario government’s “Contractor guideline” states that if you are the owner and engage contractors, you need to be clear about who is the constructor under the Act.
Legal commentary indicates that an owner can be held liable even if they hired a general contractor: “the owner’s degree of control … whether the owner pre-screened and evaluated the constructor … whether the owner effectively monitored and supervised …” are relevant factors in establishing liability. DLA Piper

What This Means for a Homeowner

If you hire someone (or several trades) to work on your property, you can’t simply assume you’re free from risk.
If a worker is injured because of a hazard you knew about or should have known about, you might be liable under occupiers’ liability or even OHSA-related law.
If the contractor is not properly insured, you might end up shouldering claims or defending yourself in court.

Legal sources confirm this risk. For example:

“Ontario’s Occupiers’ Liability Act gives homeowners an obligatory duty of care to prevent a home contractor injury on site by ensuring your home, land, and property … are safe.”

In short: hiring tradespeople without doing the right checks is a business risk and a homeowner liability risk.

Vetting Builders & Contractors: Protect Yourself from Liabilities Before The Hammer Drops

Since the legal risk is real, here are concrete steps every homeowner in the Greater Toronto Area should take before signing the contract:

✅ Check Liability Insurance

Ensure the contractor holds commercial general liability insurance. This covers bodily injury or death and property damage relating to their work. Without it, you could be left exposed.

✅ WSIB Coverage or Proof of Independent Operator Status

In Ontario, the Workplace Insurance Board (WSIB) has specific guidelines for workers vs independent operators. If your contractor has employees, they generally must be covered. If they claim to be “independent,” you still want documentation or proof of status and understand that this might shift risk.

✅ Ask for Past Client References + In-Person Visit

Ask for recent projects (preferably in your area/neighbourhood) and go see the finished work in person. Speak to past clients: Were schedules met? Were there accidents or near-misses? Did they handle them well?

If a contractor is unable or unwilling to provide references or show in-person work, that is a huge red flag.

✅ Check Credentials, License & Workplace Safety Protocols

Even for exterior work or siding (for example), ask:

Do they follow the Ontario Building Code?
Do they have worker safety protocols and training (especially if roof work or heights are involved)?
Will they provide a clear written contract outlining scope, schedule, materials, and payment terms?

✅ Confirm the Scope of Work & Who’s Responsible

Make sure it’s clear who is the “contractor” (if required under OHSA) and who supervises the site. Clarify materials (for example, that only high-quality Canadian products are used) and what standards apply. At CanMac Siding, we emphasize transparency, top-tier Canadian products, and a high-standard contract for every job.

✅ Visit Our Showroom for Confidence

At CanMac Siding, we encourage homeowners to come visit our showroom: see the materials firsthand, meet our team, and get our professional assessment on not just the siding itself but the safety, the site preparation, and our vetted team of trades. Knowing your contractor is backed by a company with decades of experience (since 2004 in the GTA) gives you extra peace of mind.

How CanMac Siding Brings Higher Standards to Every Job

Since 2004, CanMac Siding has transformed countless homes across the Greater Toronto Area. Our commitment is not just to excellent aesthetic results but to safe, well-managed job sites, clear communications, and accountability. Here’s how we do it:

🎯 We use only top Canadian products that are “tried, tested, and true” so you aren’t left with outdated materials or questionable imports.
🤝 Our team is fully vetted: we check insurance, WSIB status, references, and in-person quality of past jobs.
🏡 We invite homeowners to our showroom because seeing materials and workflows up close helps you ask the right questions and feel confident before work begins.
🔍 We emphasize full site-safety protocols: from job-site preparation to debris containment to worker protection (especially where heights or roofing work is involved).
📃 We deliver a clear contract every time; scope, schedule, materials, and liability coverage are all spelled out so you know exactly what you’re getting.

When you choose CanMac Siding, you choose a partner who recognizes that homeowner liability isn’t just an afterthought: it’s a critical part of the renovation equation.

What to Do Now as a Homeowner in the GTA

Before you sign with any contractor, do the following checklist:

Ask for proof of commercial liability insurance and verify the expiry date.
Ask for proof of WSIB coverage (or documentation if independent operator) and confirm it’s up to date.
Ask for at least 2–3 past client references and visit at least one site if possible.
Go over the contract: scope of work, materials, schedule, payment terms, and job-site safety obligations.
Visit the contractor’s showroom or office (or in CanMac’s case, our showroom) to assess professionalism, materials, and credentials.
Ask about supervision: who’s the point-person on site? Who supervises safety?
Ensure you maintain a clear line of communication. Ask: What happens if someone gets hurt on site? What are the protocols?
Retain copies of all documentation: insurance certificates, WSIB proof, contract, and change orders.

If a contractor resists any of the above, walk away. The risk to you as a homeowner (liability, lawsuits, insurance claim issues) is too high.

Final Word

Renovating or upgrading your home in the Greater Toronto Area is exciting, but it comes with responsibilities. As a homeowner, you can be liable if a contractor gets injured on your property, especially if you haven’t taken reasonable steps to ensure safety, proper insurance, and competent workmanship. Ontario law (via the Occupiers’ Liability Act and OHSA) gives homeowners duties they cannot ignore.

By vetting contractors properly, checking insurance, WSIB status, references, credentials, and by partnering with a reputable company like CanMac Siding (since 2004, best-in-class Canadian products, showroom open for your review), you protect yourself, your family, and your home.

Ready to begin transforming your home — safely, beautifully, and with confidence? Visit our showroom today at CanMac Siding. Let’s work together to make your dream home a reality, the right way.

Come to the CanMac Siding showroom in Burlington, speak with our team, explore our range of premium Canadian siding and exterior solutions, and let us guide you safely through your renovation journey from start to finish.