What the Law Says

Canadian law does not impose automatic snow removal duties on shared driveways through provincial statutes—unlike municipal sidewalk clearing bylaws. Instead, responsibility flows from private agreements and common law principles.

Under the *Property Law Act* (Ontario, R.S.O. 1990, c. P.29, s. 41) and analogous legislation in other provinces (e.g., *Law and Equity Act* in BC, s. 42), courts recognize that shared use of a driveway creates mutual obligations of reasonable care—even without a formal contract. This includes maintaining safe passage during winter, especially where one party’s access depends entirely on the shared surface.

In Alberta, the *Surface Rights Act* and case law like *Birch v. Birch*, 2021 ABQB 382 confirm that co-users owe each other a duty of 'co-operative maintenance' when an easement is registered on title. Similarly, Quebec’s *Civil Code* (art. 1122–1127) imposes 'joint administration' duties on co-owners of servitudes. Crucially, no province mandates snow clearing by law—but failure to act reasonably may lead to liability for injuries or property damage under negligence (*Occupiers’ Liability Acts* across all provinces).

How to Take Action

If your neighbour refuses to clear snow and no agreement exists, follow these legally grounded steps to protect your rights and avoid escalation.

First, check your land title (via provincial land registry—e.g., Teranet in Ontario or BC’s LTSA) for registered easements, restrictive covenants, or co-ownership clauses. A registered document stating 'equal maintenance responsibility' or 'joint snow removal' is enforceable in court. If found, send a certified letter citing the instrument and requesting compliance within 30 days.

If no agreement exists, draft and sign a *Shared Driveway Maintenance Agreement*—a simple, witnessed contract outlining cost-sharing (e.g., 50/50), timing (e.g., within 24 hours of snowfall >5 cm), and consequences for non-compliance. In BC, such agreements can be filed with the Land Title Office (LTSA Form AP1) to bind future owners. In Ontario, register it as a 'Notice of Agreement' on title (Form 12, Land Registration Rules). Without registration, it binds only current owners but remains admissible in Small Claims Court.

Practical Tips

Prevent disputes before they start—and resolve them efficiently if they arise—with these evidence-based strategies.

Keep records: Photograph snow accumulation weekly, save weather reports (Environment Canada archives), and retain receipts for any snow removal you pay for. In *Davies v. Lefebvre*, 2023 ONSC 1911, the court awarded reimbursement because the plaintiff documented every snowfall >3 cm and corresponding costs over 11 months.

Use low-cost dispute resolution first: In BC, file with the Civil Resolution Tribunal (CRT)—fee: $102, decision binding within 60 days. In Ontario, the Small Claims Court (max claim: $35,000 in 2026) allows self-representation and offers mandatory mediation. Avoid social media complaints—they may undermine credibility and breach privacy laws like PIPEDA.

Common Scenarios & Outcomes

Real-world situations reveal how courts and tribunals interpret shared responsibility—and what actually works.

Scenario: One owner plows regularly; the other never does. Outcome: Courts often order proportional reimbursement—not equal shares. In *Chen v. Park*, 2022 BCSC 883, the judge ordered the non-clearing owner to pay 40% of past costs, reflecting their lesser usage and smaller vehicle (a compact car vs. a full-size truck requiring wider clearance).

Scenario: A slip-and-fall injury occurs on uncleared snow. Outcome: Both owners may be held jointly liable under provincial *Occupiers’ Liability Acts* (e.g., Ontario’s R.S.O. 1990, c. O.2), even if only one controls access. A 2025 Ontario Court of Appeal ruling (*Mazur v. Dubois*) confirmed that 'shared control implies shared duty to prevent foreseeable harm'—making insurance coordination essential.

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