Search
  • RN

New notice requirement coming for winter slip and fall claims.

As a result of amendment to Ontario's Occupiers' Liability Act, anyone injured from slipping and falling on ice or snow in Ontario on private property must provide written notice to a defendant within 60 days of the fall, or risk losing any right to sue.


The amendment, made through Bill 118, received royal assent on December 8, 2020, but it will only come into effect on a date that will be proclaimed. That hasn't happened yet, but could come any day.

The notice must contain the date, time, and location of the fall, and has to be served personally or by registered mail on either the occupier (e.g. owner, tenant, building manager) of the property, or the snow and ice removal contractor.

Where the notice is insufficient or is not delivered within 60 days, a claim will not be barred so long as a judge finds there is a reasonable excuse for failing to meet the requirements and the defendants are not prejudiced in their defence.

The new notice period applies to private property. Slip or trip and falls on municipal property such as sidewalks are already subject to a 10 day notice requirement imposed by s. 44(1) of Ontario's Municipal Act.

Given the many potential barriers confronting an injured claimant, getting legal advice promptly is vital.

MZS Lawyers are experienced injury and accident lawyers who routinely represent injured slip and fall claimants.


13 views0 comments

Recent Posts

See All

Order to inspect property in Small Claims Court

The relatively small number of rules governing procedure in Ontario’s Small Claims Court promotes flexibility and lends simplicity to litigation in that forum. However, one drawback is the uncertaint

Estate trustee's legal fees: who pays?

When an estate trustee’s decisions about the administration of an estate in Ontario are challenged, that sometimes includes decisions about estate money spent on legal fees. Lawyers acting for an esta

Shared driveway disputes

Shared driveways or laneways are a common feature in many urban areas, especially in older developments with a high density of residential buildings. Ottawa is no exception. Often, a larger portion of

MZS BLANC.png

Contact Us

 

1335 Carling Ave.

Suite 320

Ottawa, Ontario

K1Z 8N8 

Tel: (613) 722-1313
Fax: (613) 722-4712

info@mzslawyers.com

  • Facebook

© 2020 MZS Lawyers Professional Corporation