Winter in Ontario is more than just a season of picturesque snowfalls; for many, it is a season of hidden hazards. While most people are aware of the physical risks associated with icy patches and unplowed walkways, very few are aware of the legal “trap” that awaits them if they are injured.
If you slip and fall on snow or ice on private property, you may believe you have the standard two-year window to decide whether to take legal action. That assumption is a mistake that could cost you your entire claim.
Under the Occupiers’ Liability Act, victims now have a remarkably tight window to act. Here is what you need to know about the 60-day notice period and how to protect your rights before the clock runs out.
The Law Has Changed: From Two Years to Two Months
Historically, slip and fall victims in Ontario relied on the two-year limitation period established by the Limitations Act, 2002. However, an amendment to the Occupiers’ Liability Act changed the landscape for injuries caused specifically by snow or ice.
Today, if your injury occurs on private property (which includes commercial parking lots, grocery store entrances, and even residential rental walkways) you must provide formal written notice of your claim within 60 days of the incident. Failure to meet this deadline is often a “bar to action,” meaning a court can dismiss your case before it even begins, regardless of how severe your injuries are.
Why Every Day Counts
From a legislative standpoint, this short window was designed to provide “fairness” to property owners and snow removal contractors. The logic is that snow and ice are transient conditions. By requiring notice within 60 days, defendants have a chance to:
- Preserve CCTV footage before it is overwritten.
- Review maintenance and salt logs while they are still recent.
- Interview staff or contractors who were on duty that day.
The Advantage of Professional Legal Counsel
The challenge for the average person is that “notice” is rarely as simple as sending a letter to a storefront. In many cases, the responsible party isn’t just the business owner, but a complex web of landlords, property management firms, and third-party snow removal contractors.
This is where the expertise of a slip and fall lawyer in Toronto becomes indispensable. A legal team can immediately perform the necessary title searches and corporate records checks to identify every potential “occupier” who must be notified. By handling the formal service of notice via registered mail or personal delivery, they ensure the technical requirements of the law are met while you focus on your physical recovery.
What to Include in Your Notice
If you are managing the immediate aftermath of a fall, ensure your records (and any communication) include:
- The exact date and approximate time of the fall.
- The precise location (e.g., “the north-east corner of the parking lot at 123 Main St.”).
- A brief description of the hazardous condition (e.g., black ice, accumulated slush).
Are There Any Exceptions?
The law does provide narrow “escape valves” for those who miss the 60-day deadline, such as cases resulting in death or where a judge finds a “reasonable excuse.” However, “I didn’t know the law” is rarely accepted. Courts set a high bar for these exceptions, typically requiring proof of severe medical incapacity.
Don’t Wait for the Thaw
If you or a loved one has suffered an injury due to snow or ice, the most important thing you can do (after seeking medical attention) is to consult with a professional immediately. Identifying the responsible parties and drafting a compliant notice letter takes time, and in the eyes of the law, 60 days go by much faster than you think.
Disclaimer: This post is provided for informational purposes only and does not constitute legal advice. If you have been injured, please consult with a qualified lawyer to discuss the specifics of your case.