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The Occupiers’ Liability Act sets out that the corporation has a duty to “take care as in all the
circumstances of the case is reasonable to see that persons entering on the premises, and the property
brought on the premises by those persons are reasonably safe while on the premises”.
The Condominium Act, 1998 provides “No person shall permit a condition to exist or carry on an activity
in a unit or in the common elements if the condition or the activity is likely to damage the property or
cause injury to an individual”.
The Board of Directors should review each common element amenity by weighing the health risks
versus the need and right to use it. Not only amenities, but all common areas of the property such as
elevators, lobbies, parking garages, storage locker rooms, bike storage rooms, etc. should have
appropriate use policies and signage to provide direction on distancing and permitted numbers of use.

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