Understanding Ontario Notice Periods for Slip and Fall Incidents on Ice or Snow

Winter in Ontario brings with it beautiful snowy landscapes but also an increased risk of slip and fall incidents. If you’ve been injured in a slip and fall due to icy or snowy conditions, it’s crucial to understand your rights and obligations under Ontario law. One key aspect is the notice period for bringing a claim against a municipality or private property owner.

The 10-Day Notice Rule for Municipalities

Under the Municipal Act, if your slip and fall occurred on municipal property, you must provide written notice of your claim within 10 days of the incident. This notice must include:

• The date, time, and location of the incident.

• A description of the circumstances leading to the fall.

• Your name and contact information.

  
  

Failure to meet this 10-day deadline can jeopardize your ability to pursue compensation, though exceptions exist if you can demonstrate a reasonable excuse for the delay and that the municipality was not prejudiced by it.

The 60-Day Notice Rule for Private Property

For slip and fall incidents on private property due to snow or ice, the Occupiers' Liability Act requires you to provide written notice to the property owner or occupier within 60 days of the incident. The notice should include:

• The date, time, and location of the fall.

• Details of the hazardous conditions (e.g., icy surface, lack of salting or sanding).

• Your name and contact information.

  
  

If you fail to provide notice within 60 days, your claim may be barred unless you can demonstrate a reasonable excuse for the delay and show that the property owner or occupier is not prejudiced by the lack of notice.

Steps to Take After a Slip and Fall Incident

1. Seek medical attention: Your health and safety come first.

   
   

2. Document the scene: Take photos of the icy or snowy conditions, including any lack of salt, sand, or signage.

   
   

3. Report the incident: Notify the property owner, manager, or municipality immediately.

   
   

4. Gather witness information: Collect names and contact details of anyone who saw the fall or conditions.

   
   

5. Consult a personal injury lawyer: Legal guidance can help ensure all notice and filing deadlines are met and that your rights are protected.

Conclusion

Understanding the notice periods and legal requirements for slip and fall incidents in Ontario is critical for protecting your right to compensation. Given the complexities of these cases, particularly when municipalities or snow/ice hazards are involved, consulting an experienced personal injury lawyer is crucial.

If you or a loved one has been injured in a slip and fall incident, contact our office at 905-412-2288 or ppatel@pmplaw.ca for a free consultation. We’ll help you navigate the legal process and work toward securing the compensation you deserve.