Letter to Local MPP
 
I am writing to you for help as a small business operator who provides the essential service of snow and ice removal locally to businesses and residential customers. Provide a few details on your business – e.g. where you are, if you have employees or are you a sole operator, how long you have been in business.

The help I need is to stop the out-of-control escalation of insurance prices for snow and ice contractors, and in some cases, the lack of insurance availability. This year alone my costs for insurance rose from $XXXXXX to $XXXXXX because of the high prevalence of slip-and-fall claims (many are frivolous or nuisance claims) against all contractors in the sector. My deductible for each claim also increased $XXXXXX and is – what is the impact on your business? Cite your own experience and/or what you have heard from others. 

The solution is not simple and requires legislative change. We need you to help us fight for the following amendments so that we can continue to provide essential high-quality snow and ice removal services in Ontario.

  1. Pass Norm Miller’s Private Members Bill immediately limiting the time to sue a contractor for a slip-and-fall claim to 10 days (consistent with municipalities). It will:
    • Limit the number of frivolous claims filed.
    • Limit the unknown risk premium for incurred but not reported claims to an insurance company that exists because claims can be flied for two years.
    • Keep the ability to sue after 10 days if the contractor has been negligent or there is another factor that prohibited filing within the 10-day window.

 

  1. Ban hold harmless clauses in contracts that push all liability to contractors when it is outside the terms of the contract. These clauses unfairly push all liability to contractors.
    • Such a ban is already in place in several U.S. jurisdictions, including Denver, Illinois and Connecticut.
    • The ban will help reduce the cost of claims for landscapers and the cost to the insurance company to pay for claims.

 

  1. Define the duty of care for proper snow and ice property maintenance through a best practices certification program administered by the sector, which would restrict legal action under the Occupiers Liability Act if best practices are followed.

  • The program would clearly define responsibilities of contractors and property owners
  • It would help reduce oversalting, and is supported by the Ontario Freshwater Roundtable which includes representatives from environmental groups, contractors and property owners.
  • Such a program is already in place in New Hampshire 

 
For our part, our association Landscape Ontario is working on a captive insurance solution that will result in insurance companies fighting more claims on behalf of policy holders. Right now, the cost/benefit of fighting — even when properties are maintained perfectly — favours settling claims rather than going to court. This really hurts our members.

I hope you will see the importance of keeping Ontario’s snow and ice removal service providers in business and operating at full capacity as winter approaches. The landscape industry sincerely appreciated the government helping to get our sector working safely again after the pandemic shutdown, but it has hurt our businesses. Addressing the insurance crisis would help protect our businesses from unfair insurance costs in this important year.

Sincerely,
 
cc. 
The Hon. Doug Ford, Premier of Ontario – doug.fordco@pc.ola.org
The Hon. Doug Downey, Attorney General – doug.downey@pc.ola.org
The Hon. Prabmeet Sarkaria, Minister of Small Business and Red Tape Reduction – prabmeet.sarkaria@pc.ola.org
Tony DiGiovanni Executive Director, Landscape Ontario Horticultural Trades Association – tonydigiovanni@landscapeontario.com
 
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