Slips and Falls on Properties in Ottawa and in Ontario – Who Bears the Onus of Proving The Case? In Ontario, if you are injured on someone else’s property (falls, falling objects, other types of causes of injuries), chances are the Occupiers’ Liability Act applies. That Act sets out the responsibilities of occupiers (such as tenants) and owners. Those responsibilities include ensuring that all reasonable steps are taken to make the property safe. The Courts have set out the various principles applicable to Occupiers’ Liability Act cases, including the following: The onus is on the plaintiff (person injured) to prove, on a balance of probabilities, that the defendant breached the applicable duty of care; The fact of injury does not create a presumption of negligence under the Occupiers’ …