You fell on an icy walkway outside a plaza in February, broke your wrist, and spent the following weeks focused on surgery and recovery. In April a friend suggests you might have a claim. By then, in Ontario, you may already have lost it. Slip and fall claims carry some of the shortest notice deadlines in personal injury law, and they are almost never explained to the injured person at the time.
The general rule: two years
Under the Limitations Act, 2002, a lawsuit for personal injury must generally be started within two years of the day the claim was discovered, which for most falls is the day of the fall. That is the deadline most people have heard of. It is not the one that catches them.
Snow and ice: 60 days written notice
Since January 2021, the Occupiers’ Liability Act has required anyone injured because of snow or ice on private property to give written notice of the claim within 60 days of the fall. The notice must go to the occupier of the property or to the contractor hired to clear snow and ice. It must be served personally or by registered mail.
Miss the 60 days and the claim is barred, subject to two exceptions: where the fall caused death, or where a judge is satisfied that there was a reasonable excuse for the delay and the defendant was not prejudiced by it. Relying on that exception is a poor substitute for sending the notice on time.
The 60-day rule applies to parking lots, walkways, storefronts, condominium common areas, rental property and any other premises where an occupier or snow removal contractor was responsible. It does not apply to falls caused by something other than snow or ice, such as a broken step or a wet floor. Those remain governed by the two-year period.
Municipal property: 10 days
If you fell on a public sidewalk, road or other property maintained by a municipality, the window is shorter still. The Municipal Act and, in Toronto, the City of Toronto Act require written notice to the municipality within 10 days of the injury, with the same exceptions.
There is a second hurdle for municipal sidewalk claims involving snow or ice. The injured person must prove gross negligence, a much higher standard than the ordinary negligence that applies to private occupiers.
What the written notice must say
The notice does not need to be long, but it must be clear. It should include:
- your name and contact information
- the date and approximate time of the fall
- the exact location, specific enough that someone could find the spot: the address, which entrance or walkway, and any landmarks
- a short statement that you fell because of snow or ice (or, for a municipality, the condition of the road or sidewalk) and were injured
- a statement that you intend to claim
Keep a copy, and keep the registered mail receipt or a record of personal service.
Who to notify in condos, rentals and plazas
The hardest part is often identifying the right party. In a condominium, the occupier of the common areas is usually the condominium corporation, often through its property manager. In a rental building, it may be the landlord or a management company. In a plaza, it may be the owner, a tenant who controls the entrance, or both. Snow removal is frequently contracted out. When in doubt, notify every party that may be responsible. Our post on occupiers’ liability explains how more than one party can be an occupier of the same property.
Falls at work and on transit property
If you fell while working, your claim may fall under the WSIB system rather than a lawsuit against your employer. Our post on workplace injuries explains how that works. Falls on TTC stairs, platforms and station entrances are generally negligence and occupiers’ liability claims, as we explain in our post on rideshare, taxi and TTC injuries.
What to do in the first days after a fall
- Photograph the exact spot, the surface conditions and your footwear, on the day if at all possible.
- Report the fall to the property owner, manager or store and ask for a copy of any incident report.
- Get names and contact details of anyone who saw you fall or saw the conditions.
- See a doctor the same day and describe how the fall happened.
- Note the weather over the preceding 24 hours.
- Identify who occupies the property and who clears the snow.
- Send written notice within the applicable window, keeping proof of delivery.
What the claim has to prove
Notice is only the first step. To succeed, an injured person must show that the occupier failed to take reasonable care to keep the premises safe, or that the municipality was grossly negligent. Maintenance logs, snow removal contracts, weather data and inspection records are the core of the evidence. Occupiers will also argue that the injured person was partly to blame, for example because of footwear or route. Those arguments can reduce a claim but do not defeat it.
Our slip and fall injuries and occupiers’ liability pages describe the cases we handle.
Do not wait to find out which deadline applies
Because the notice period depends on where you fell and what caused it, get advice within days, not weeks. If you have been injured in a fall anywhere in Ontario, book a consultation with Kabir & Alam Lawyers. We can identify the correct party, serve the notice properly, and preserve the evidence while it still exists.
This post is general information about Ontario personal injury law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.