Ontario’s 60-Day Slip and Fall Notice Rule: Snow, Ice and Municipal Deadlines
If you are injured because of snow or ice on private, residential or commercial property in Ontario, you generally have 60 days after the injury to give written notice of the claim to at least one occupier of the property or the winter-maintenance contractor. The notice must include the date, time and location of the fall and must be personally served or sent by registered mail.
A different and much shorter deadline can apply if the claim involves a municipality. Municipal highway or sidewalk claims will usually require written notice within only 10 days, so the location of the fall and who controlled it should be investigated immediately.
These notice periods are separate from the limitation period for starting a lawsuit. Missing an early notice deadline can put a claim at risk even when the full extent of the injury is not yet known.
Our Ontario slip and fall lawyers represent people injured in falls involving snow, ice and unsafe property conditions throughout the province.
What Is Ontario's 60-Day Slip and Fall Notice Rule?
Section 6.1 of Ontario's Occupiers' Liability Act applies to claims for personal injury caused by snow or ice. The legislation generally prevents an action from being brought against an occupier or the applicable winter-maintenance contractor unless written notice is given within 60 days after the injury.
The notice is required to identify the claim and include the date, time and location of the occurrence. It must be personally served or sent by registered mail.
The rule came into force on January 29, 2021. Early notice is considered to be especially important in winter claims because the physical conditions and other evidence can change quickly.
For an injured person, 60 days can pass quickly. Someone dealing with a fracture, concussion, torn ligament or surgery may spend the first several weeks focused on treatment rather than determining who owns the property or which company had the snow-removal contract.
When Does the 60-Day Period Start?
The legislation measures the 60 days from the occurrence of the injury.
It does not say the period begins when you:
learn who owns the property;
discover the identity of the snow-removal contractor;
receive a medical diagnosis; or
decide to pursue a legal claim.
For example, if someone fell and is injured on January 10, the fact that they do not learn the identity of the winter-maintenance contractor until several weeks later does not necessarily move the starting date of the statutory period.
What Does the 60-Day Notice Have to Include?
Section 6.1 requires written notice of the claim that includes:
the date of the occurrence;
the time of the occurrence; and
the location of the occurrence.
The location should be described with enough precision to allow the recipient to understand where the fall happened. For example, identifying the specific entrance, sidewalk, parking aisle, stairway or walkway is more useful than simply saying that the fall occurred somewhere in a large parking lot.
What Should an Ontario 60-Day Slip and Fall Notice Say?
The legislation does not require a lengthy legal brief.
A basic notice might say:
Please accept this letter as written notice of my claim arising from injuries caused by snow or ice at [precise location] on [date] at approximately [time].
The notice can also include the injured person's name, contact information and a short description of where the fall occurred. The important statutory elements are that there is written notice of the claim and that the date, time and location are identified.
The circumstances of an individual claim could justify including additional information, particularly where the precise location or identity of the responsible parties is uncertain.
Who Has to Receive the 60-Day Notice?
The Occupiers' Liability Act identifies two potential recipients:
an occupier of the premises; or
an independent contractor employed by the occupier to remove snow or ice during the relevant period.
Occupiers are not necessarily just registered owners. The Act's definition can include a person in physical possession of the premises or someone with responsibility for and control over the condition of the property or the activities carried on there.
That means that a winter fall at a shopping plaza, apartment building or commercial property can involve more than one potentially responsible party.
The injured person might not know the identity of every occupier or winter-maintenance contractor shortly after the accident.
Do You Have to Send Notice to Both the Property Owner and Snow-Removal Contractor?
Not necessarily. If compliant notice is given to at least one occupier or the applicable snow-removal contractor, the Act contains provisions requiring that notice to be forwarded to other relevant parties.
An occupier that receives the notice must provide a copy to other occupiers and to any independent contractor employed to remove snow or ice during the relevant period.
A snow-removal contractor who receives notice must provide a copy to the occupier that retained it.
The Act also provides that once proper notice is given to one qualifying recipient, the 60-day restriction does not continue to apply merely because another potential defendant did not originally receive the notice directly.
That can be important where the injured person knows the identity of the property owner or business but does not yet know which company performed winter maintenance.
Where possible, however, identifying and notifying all potentially responsible parties early can reduce later disputes about notice.
How Does the Notice Have to Be Delivered?
The statute specifies two methods:
personal service; or
registered mail.
An injured person should therefore not assume that an ordinary email, telephone call or conversation with a store employee satisfies section 6.1.
Those communications can still be useful evidence that the incident was reported, but the safer approach is to comply with the delivery method stated in the Act.
Proof of service or the registered-mail documentation should also be kept.
Does Filling Out an Incident Report Count as the 60-Day Notice?
Not necessarily. Businesses often prepare an incident report after someone falls. It may record the person's name, the time of the accident and where it occurred.
That report can become valuable evidence.
But an internal incident report is not necessarily the same thing as the written notice personally served or sent by registered mail under section 6.1.
The same concern applies to simply notifying a manager, speaking with an insurer or exchanging emails with a property-management company.
Does the 60-Day Rule Apply to Every Slip and Fall in Ontario?
No. Section 6.1 specifically concerns personal injury caused by snow or ice.
A fall caused by a spilled liquid inside a store, damaged flooring, a broken stair, loose carpet or another non-winter hazard is not subject to the 60-day rule merely because it is a slip-and-fall accident.
Other limitation and notice requirements can still apply.
If snow or ice is alleged to have caused or contributed to the injury, the 60-day requirement should be considered promptly.
What If the Fall Happened on a Municipal Sidewalk or Road?
This is the most important exception to keep separate from the 60-day rule.
Section 44 of Ontario's Municipal Act, 2001 requires a municipality with jurisdiction over a highway or bridge to keep it in a state of repair that is reasonable in the circumstances.
Where a claim is brought under that statutory highway or bridge repair regime, written notice generally must be given to the municipal clerk within 10 days after the injury.
The notice must identify the claim and injury and include the date, time and location of the occurrence.
Toronto has a comparable 10-day requirement under section 42 of the City of Toronto Act, 2006.
This does not mean that every accident on property owned by a municipality automatically has a 10-day deadline.
The municipal notice provision concerns claims brought under the municipality's statutory obligation to maintain highways and bridges. It can include certain sidewalk claims, but the legal status and control of the location should be determined rather than assuming that every publicly owned location is governed by the same rule.
For snow or ice on a municipal sidewalk, there is another important distinction. The Municipal Act provides that a municipality is not liable for personal injury caused by snow or ice on a sidewalk except in cases of gross negligence. Toronto has a comparable provision under the City of Toronto Act.
A sidewalk beside private property may be municipally controlled. A walkway near a plaza, transit facility or public building may involve different entities.
That is why someone injured in a winter fall should not assume they safely have 60 days before the location and responsible parties have been identified. If municipal responsibility is possible, the relevant notice period may be only 10 days.
What Happens If You Miss the 60-Day Deadline?
Missing the 60-day deadline can put the claim at risk, but it does not automatically end every case. Section 6.1 contains an exception where a judge finds both that:
there was a reasonable excuse for the failure to give proper notice or for a deficiency in the notice; and
the defendant was not prejudiced in its defence.
Both requirements are important. Winter conditions can disappear quickly. Ice melts, snow is removed, weather changes and surveillance footage may be erased.
A property owner or contractor may argue that delayed notice prevented a meaningful investigation of the conditions that existed when the fall occurred.
The exception should therefore not be treated as an alternative deadline. If the 60 days have already passed, however, the claim should definitely still be reviewed. Whether there was a reasonable excuse and whether the defendant suffered prejudice depends on the circumstances.
What Can Be a Reasonable Excuse for Late Notice?
There is no single explanation that automatically qualifies. The court considers the circumstances surrounding the delay.
A serious injury, hospitalization, impaired capacity or circumstances affecting the injured person's ability to deal with the claim may become relevant.
But a reasonable excuse alone is not enough. The court must also be satisfied that the defendant was not prejudiced in its defence.
Someone who has missed the 60-day period should therefore not assume either that the claim is automatically barred or that late notice will automatically be excused.
Is There an Exception if the Injured Person Dies?
Yes, the Occupiers' Liability Act provides that a failure to provide the 60-day notice does not bar the action where the injured person dies as a result of the injury.
The existence of that exception does not remove the importance of investigating the incident quickly and preserving evidence.
Is the 60-Day Deadline the Same as the Deadline to Sue?
No, The 60-day period is an early notice requirement. It is separate from the limitation period for starting a lawsuit.
Ontario's Limitations Act, 2002 generally establishes a two-year basic limitation period running from discovery of a claim, subject to exceptions and the circumstances of the particular case.
Giving proper notice within 60 days does not alter what the deadline for commencing a lawsuit.
Likewise, having time remaining under the general limitation period does not cure a failure to comply with a shorter statutory notice requirement. Both issues need to be considered independently.
Why Is Early Notice Important in a Snow or Ice Claim?
Winter claims often depend on evidence that can disappear quickly. Depending on the circumstances, important evidence may include photographs of the ice or snow, surveillance footage, weather information, winter-maintenance records, inspection records, contracts identifying the snow-removal company and witnesses who saw the condition of the property.
Surveillance footage could also potentially be overwritten long before a lawsuit begins.
Maintenance records can also help establish when the area was last inspected, plowed, salted or sanded.
Does Giving 60-Day Notice Mean the Property Owner Is Liable?
No, the notice requirement and liability are separate questions. Giving proper notice preserves the ability to pursue a qualifying snow or ice claim. It does not prove that the occupier or winter-maintenance contractor was negligent.
Under the Occupiers' Liability Act, an occupier generally owes a duty to take reasonable care to see that people entering the premises are reasonably safe.
Whether that duty was breached in a winter case can depend on the weather, inspection system, timing and adequacy of snow removal or salting, maintenance records, contractual responsibilities and the condition that existed when the fall occurred.
A property owner or contractor is not automatically liable simply because someone slipped on ice.
Our Ontario slip and fall lawyers investigate both the winter-maintenance evidence and the injuries caused by the fall.
What Should You Do After a Fall on Snow or Ice?
If possible, photograph the exact location and the snow or ice before conditions change. Report the incident to the property owner, manager or business, but do not assume that an internal report replaces the formal statutory notice.
Obtain contact information for witnesses and seek appropriate medical treatment.
Try to identify who controlled the property and whether a winter-maintenance contractor was involved.
Most importantly, consider the applicable notice deadline immediately. If there is any possibility that the claim involves a municipality's statutory responsibility for a highway, bridge or sidewalk, the relevant notice period may be considerably shorter than 60 days.
Frequently Asked Questions About Ontario's 60-Day Slip and Fall Rule
How long do I have to report a slip and fall on ice in Ontario?
For personal injury cases that are caused by snow or ice against an occupier or applicable winter-maintenance contractor, section 6.1 of the Occupiers' Liability Act generally requires written notice within 60 days after the injury. Certain municipal highway or sidewalk claims can instead require notice within 10 days.
When does the 60-day period begin?
It begins the day that the injury happens. It does not generally wait until the injured person identifies the snow-removal contractor or learns the full extent of the injury.
What has to be included in the notice?
The written notice must identify the claim and include the date, time and location of the occurrence.
Can I email the 60-day notice?
Section 6.1 specifies personal service or registered mail. People should not assume that an ordinary email will satisfy the statutory requirement.
Do I have to know who the snow-removal contractor is?
Not necessarily. Compliant notice to at least one occupier or the applicable winter-maintenance contractor can satisfy the 60-day requirement, and the Act requires notice to be forwarded to other relevant parties.
Does an incident report at the store count as notice?
Not necessarily. An internal incident report can be useful evidence, but it should not be assumed to replace the formal notice required by section 6.1.
Does the 60-day rule apply to every slip and fall?
No. Section 6.1 specifically applies to personal injury caused by snow or ice.
Is the deadline 60 days for a fall on a municipal sidewalk?
Not necessarily. Certain claims based on a municipality's statutory highway or bridge repair obligation can be subject to a separate 10-day notice requirement. Snow or ice claims involving municipal sidewalks can also engage the gross-negligence standard under the Municipal Act or City of Toronto Act.
What if I miss the 60-day deadline?
Late or insufficient notice can be excused if a judge finds a reasonable excuse and no prejudice to the defendant. The exception is fact-specific and should not be relied upon instead of timely notice.
Is 60 days the deadline for starting the lawsuit?
No. The 60-day rule is an early notice requirement. The deadline for commencing the lawsuit is a separate limitation issue.
Speak With an Ontario Slip and Fall Lawyer
Snow and ice claims entail unusually short deadlines, and the correct notice period may depend on who controlled the location and who was responsible for winter maintenance.
Foster Injury Law represents people seriously injured in slip-and-fall accidents throughout Ontario.
Our Ontario slip and fall lawyers can investigate the property, identify the potentially responsible parties, determine the applicable notice requirements and preserve evidence relating to the winter conditions.
If you were injured in a fall involving snow or ice, contact Foster Injury Law for a free consultation.
This article provides general information about Ontario law and is not legal advice. Notice and limitation requirements depend on the circumstances of the incident and the parties involved.
