Slips and Falls
Slip and Fall on Snow or Ice? Ontario’s 60-Day Notice Rule Could Affect Your Claim
If you are injured after slipping and falling on snow or ice at a grocery store, shopping plaza, apartment building, parking lot, or other private property in Ontario, there is an important legal deadline you need to know about.
In many cases, failing to act quickly can seriously jeopardize your claim.
The Occupiers’ Liability Act and the 60-Day Notice Requirement
Slip and fall claims involving snow or ice on private property are governed by Ontario’s Occupiers’ Liability Act.
Following amendments to the legislation in 2021, Ontario law now requires injured persons to provide formal written notice within 60 days of the incident for many snow and ice claims.
This requirement applies to claims involving:
- shopping centres and plazas;
- grocery stores;
- apartment and condominium properties;
- restaurants;
- parking lots;
- private businesses; and
- private residences.
The notice requirement may also apply to claims against snow removal contractors responsible for maintaining the property.
Why the 60-Day Rule Matters
The 60-day notice rule was introduced to allow property owners and snow removal contractors to preserve important evidence while conditions are still fresh.
That evidence may include:
- salting and maintenance records;
- snow removal logs;
- surveillance footage;
- weather information;
- incident reports; and
- photographs of the property conditions.
Because snow and ice conditions can change quickly, the law now requires injured persons to act promptly.
How Must the Notice Be Given?
Under section 6.1 of the Occupiers’ Liability Act, informal notice may not be enough.
A phone call, verbal complaint, or casual email may not satisfy the legal requirement.
To reduce the risk of dispute, notice should generally be delivered by:
- registered mail; or
- personal service.
Proper written notice should identify:
- the date and location of the incident;
- the fact that injuries were sustained; and
- the intention to advance a claim.
You can review a sample Occupiers’ Liability Act notice letter here.
Sample Letter
——————
[Date]
VIA REGISTERED MAIL or PERSONAL SERVICE
To: [Name of Property Owner/Business Name]
Location of Accident: [Full Address of the Property where you fell]
RE: Notice of Claim – Personal Injury on [Date of Accident]
Please accept this letter as formal notice of a claim pursuant to the Occupiers’ Liability Act, R.S.O. 1990, c. O.2.
On [Date of Fall] at approximately [Time], I sustained personal injuries after slipping and falling on an accumulation of snow and/or ice located at [Specific Location on the Property, e.g., the north entrance of the parking lot].
As a result of this incident, I have suffered [briefly list injuries, e.g., a broken wrist and back pain].
Please forward this letter to your insurance broker and your snow removal contractor immediately. We require that you preserve all relevant evidence, including but not limited to:
- Surveillance footage of the area from the date of the incident.
- Maintenance logs, salt records, and contracts for snow removal.
- Internal incident reports.
Sincerely,
[Your Name]
Your Name mailing address and email address
What Happens if the Deadline Is Missed?
Missing the 60-day deadline does not automatically end every claim. However, it can create a significant legal obstacle.
In some cases, courts may still permit a claim to proceed if there is a reasonable explanation for the delay and the defendant is not prejudiced. These situations are highly fact-specific and should not be relied upon.
It is important to obtain legal advice as early as possible following a slip and fall involving snow or ice.
Practical Steps After a Slip and Fall
If you are injured in a snow or ice-related slip and fall, you should try to:
- photograph the scene and surrounding conditions;
- obtain names of witnesses;
- report the incident to the property owner or business;
- seek medical attention; and
- preserve footwear and clothing worn at the time of the fall.
Early investigation is often critical in these cases.
Contact Rotondo Law Firm Professional Corporation
Rotondo Law Firm Professional Corporation represents individuals injured in slip and fall accidents across Ontario, including claims involving snow and ice, winter
