Slipped on Ice in Ontario? The Notice Deadlines That Come Before Any Lawsuit

Most Ontarians have heard that they have two years to sue after an injury. For falls on snow and ice, that number can be dangerously misleading. Before the two-year limitation period even becomes relevant, two much shorter notice deadlines may apply, and missing them can end a claim before it starts.

Why winter falls are treated differently

A fall on an icy parking lot, a building entrance or a city sidewalk raises the same basic question as any injury claim: did the person responsible for the property take reasonable care? What sets snow and ice cases apart is time. Ice melts, salt gets spread after the fact, and maintenance logs can be incomplete. Ontario's legislature has responded by requiring injured people to give formal written notice quickly, so property owners and contractors can investigate while the evidence still exists.

Which deadline applies depends largely on where the fall happened: on private or commercial property, or on property maintained by a municipality.

Private and commercial property: 60 days

Since January 29, 2021, section 6.1 of Ontario's Occupiers' Liability Act has required written notice for injuries caused by snow or ice on private property. As LawPRO's practicePRO program explains, the notice must be served within 60 days after the injury, and it must set out the date, time and location of the incident. It can be served by personal service or registered mail.

The notice has to go to at least one occupier of the property (such as the owner, tenant or property manager) or to an independent contractor hired to clear snow and ice. The person who receives it is then required to pass it along to other occupiers and contractors. This matters because injured people often have no idea who actually held the snow-removal contract for a plaza or condominium walkway.

There are limited exceptions. The notice requirement does not bar a claim where the injured person dies, or where a judge finds there was a reasonable excuse for the missing or late notice and the defendant was not prejudiced by it. Relying on an exception is risky, however, and it typically means arguing the point in court.

Municipal sidewalks and roads: as little as 10 days

Falls on public sidewalks and roadways fall under a different regime. Under the Municipal Act, 2001, an injured person generally must give the municipality written notice of the claim within 10 days of the incident. A Siskinds overview of the rule notes that missing this notice can bar a personal injury lawsuit against the municipality, and that the requirement covers more than just winter falls.

Courts can excuse late notice where there was a reasonable excuse and the municipality was not prejudiced. Being hospitalized or seriously incapacitated in the days after a fall has been accepted as a reasonable excuse in some cases. Still, ten days passes quickly when someone is dealing with a fracture, a concussion or surgery. People in Toronto should also check the City's own claims process, since Toronto operates under separate legislation.

Municipal claims raise one more hurdle. For snow and ice on sidewalks, municipalities are generally liable only for gross negligence, a higher standard than ordinary carelessness. That makes early evidence even more valuable.

Not sure whose property it was?

The boundary between private and public land is not always obvious. A strip of sidewalk in front of a shop, the apron of a driveway, a transit stop or a walkway between a plaza and the street can belong to different owners. When ownership is uncertain, practitioners often recommend serving both a municipal notice and an Occupiers' Liability Act notice to be safe. LawPRO makes the same point for lawyers handling these files.

What to do in the first week

People often type some version of the same question into a search bar after a bad fall: what would an injury lawyer suggest doing in those first few days? The answer tends to be practical rather than dramatic:

• Photograph the spot as soon as you or someone else can, including the ice, the lack of salt or sand, nearby downspouts and lighting.
• Write down the exact location, date and time, since every notice requires these details.
• Get names of witnesses, the property manager, and any staff who saw the fall or the conditions.
• See a doctor promptly and keep records of every visit, prescription and physiotherapy appointment.
• Keep the footwear you were wearing, since the defence may later argue it was unsuitable for the conditions.
• Send written notice by registered mail or personal service, and keep proof of delivery.

Giving notice is not the same as starting a lawsuit. It simply preserves the right to bring one. Ontario's general two-year limitation period under the Limitations Act, 2002 still applies to the lawsuit itself.

Compensation and fault

If a claim proceeds, compensation can include pain and suffering, lost income, treatment costs and care needs. Damages may be reduced if the injured person is found partly responsible, for example by walking through an obviously icy area when a cleared path was available or by wearing unsuitable footwear. Those arguments are common in winter claims, which is another reason careful notes and photos made right after the fall carry so much weight.

A last practical tip: check whether a weather station near the location recorded freezing rain, snowfall or a freeze-thaw cycle in the 24 to 48 hours before the fall. Historical weather data is often what shows how long a hazard had been present, and whether there was a fair chance to deal with it. This article is general information and not legal advice about any specific incident.