As of January 29, 2021 Ontario’s Occupiers’ Liability Act was amended to add a requirement of written notice for claims arising from injuries caused by snow and ice.
If you’ve been injured from a fall due to snow or ice in Ontario, you have ONLY 10 DAYS to provide written notice by registered mail to the Municipality if the fall occurred on a municipal sidewalk or roadway. For all other properties, you have ONLY 60 DAYS to provide written notice by registered mail to the property owner or responsible maintenance contractor.
Action Against Ontario Municipalities
The Municipal Act states that no action shall be brought for the recovery of damages against a municipality unless written notice of the claim and of the injury has been hand-delivered or sent by registered mail to the municipal clerk’s office within 10 days after the occurrence of the injury.
Failure to give notice may not prevent you from taking legal action but only if a judge finds that there is reasonable excuse for the insufficient notice and that the municipality is not disadvantaged in responding to your claim. This places the onus on you to prove and may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 10 days’ notice requirements mentioned above.
Action Against Property Owners and Maintenance Contractors
Under the new Section 6.1 of the Occupiers’ Liability Act, no action shall be brought for the recovery of damages for personal injury caused by snow or ice against an occupier or a maintenance contractor retained to remove snow and ice unless written notice of the claim (including the date, time and location of the occurrence) is provided within 60 days after the occurrence of the injury, except in the case of death of the injured person as a result of the injury.
Written notice is to be hand-delivered or sent by registered mail to at least one of the occupiers of the premises, or the independent contractors employed to remove snow or ice on the premises.
As with municipalities, failure to give notice may not prevent you from taking legal action but only if a judge finds that there is reasonable excuse for the insufficient notice and that the occupier and/or the independent maintenance contactor is not disadvantaged in responding to your claim. This once again places the onus on you to prove and may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 60 days’ notice requirements mentioned above.
If you’ve been injured in Ontario from a slip, trip, and fall due snow or ice, you must act quickly. contact us and speak to one of our lawyers.
We can help you get the settlement you deserve!