If you’ve been injured in a slip and fall accident due to snow or ice in Ontario on private property, it’s crucial to be aware of the new rules regarding the notice period for such claims.
As of January 29, 2021, Ontario's Occupiers’ Liability Act was amended to introduce a strict 60-day notice requirement for anyone seeking compensation after an accident involving ice or snow on private property. This change means that those injured in slip and fall incidents must notify the responsible parties within 60 days of the accident.
The new 60-day notice period applies specifically to injuries caused by snow or ice. This requirement means that anyone who wishes to pursue a claim for damages must alert the occupier of the property—such as a homeowner or business—within 60 days after the fall.
Once the occupier receives the notice, they are required to inform any contractor responsible for maintaining the snow and ice conditions on the property.
It’s vital to document the conditions of the accident as soon as possible. Take photographs of the location where you fell, showing the ice or snow that caused the incident. This documentation can play a key role in supporting your case later.
To meet the 60-day notice requirement, you must submit the notice in writing. This can be done by delivering the notice in person or sending it by registered mail. The notice should include:
- The date, time, and location of the accident
- Your contact information (name, address, phone number)
- A brief description of the incident
The law provides two key exceptions where the 60-day notice period can be extended:
- If the injured person dies as a result of the slip and fall accident.
- If there is a reasonable excuse for not providing notice within the 60-day timeframe (for example, if you were unable to do so because of serious injury or hospitalization).
In all other cases, it’s crucial to adhere to the 60-day limit. If you’ve been injured in a slip and fall accident, it’s highly recommended that you consult with a personal injury lawyer as soon as possible. A lawyer can help ensure the notice is properly filed and represent your interests in pursuing compensation.