A winter slip and fall claim in Ontario may depend on prompt notice, the property involved, the condition that caused the fall and the evidence preserved. Seek medical care, photograph the area when safe and record witnesses and dates. The outcome depends on the notice and evidence.
Key takeaways: Identify the occupier or municipality, photograph snow or ice, preserve footwear and medical records, and check notice requirements promptly.
Who may be responsible
The responsible party depends on where the fall happened:
• Private property, such as a store, plaza parking lot, apartment building or office: the occupier, and possibly a snow-removal contractor, may be responsible under the Occupiers’ Liability Act.
• Municipal sidewalks and roads: the municipality may be responsible under the Municipal Act, 2001, subject to special rules.
• A private home: the homeowner or tenant may be responsible, often with home insurance responding.
Short notice deadlines
Winter slip and fall claims in Ontario are subject to notice requirements that are much shorter than the general limitation period for starting a lawsuit. Missing them can seriously jeopardize a claim. The applicable rules are set out in the Occupiers’ Liability Act and Municipal Act, 2001.
Private property: 60 days
Section 6.1 of the Occupiers’ Liability Act generally requires a person injured by snow or ice on private property to give written notice within 60 days after the injury, stating the date, time and location. Notice is personally served or sent by registered mail to the occupier or its snow-removal contractor. Exceptions include death, or a reasonable excuse where there is no prejudice. See s. 6.1: https://www.ontario.ca/laws/statute/90o02.
Municipal property: 10 days
For falls on municipal roads and sidewalks, section 44 of the Municipal Act, 2001 generally requires written notice to the municipal clerk by registered mail within 10 days. Section 44(12) provides an exception where the claimant has a reasonable excuse and the municipality is not prejudiced. See the municipal notice guidance: https://www.bogoroch.com/blog/10-day-notice-period/ and https://www.bogoroch.com/blog/municipal-occupiers-liability-who-is-responsible-for-your-slipstrips-falls/.
Gross negligence for municipal sidewalks
Under section 44 of the Municipal Act, 2001, a municipality is generally not liable for a personal injury caused by snow or ice on a sidewalk unless it was grossly negligent. This is a higher standard than ordinary negligence. See the municipal liability guidance: https://www.bogoroch.com/blog/municipal-occupiers-liability-who-is-responsible-for-your-slipstrips-falls/.
The standard for private occupiers
The Occupiers’ Liability Act generally requires occupiers to take such care as is reasonable in all the circumstances to see that people on the premises are reasonably safe. In winter, that may involve reasonable snow clearing, salting or sanding, inspection, and warning signs. It does not mean that every patch of ice is the occupier’s responsibility; courts consider what was reasonable given the weather and the property.
Footwear and contributory negligence
Insurers in slip and fall claims commonly ask what the injured person was wearing on their feet. Wearing footwear that is inappropriate for winter conditions, such as sandals, clogs or smooth-soled sneakers, may lead to a finding of contributory negligence. Under the Negligence Act, damages can be reduced in proportion to the injured person’s share of fault. Other factors, such as using a phone while walking, may also be raised.
Evidence to collect right away
Ice and snow conditions change quickly, so evidence is easily lost:
• photograph the exact location, the ice or snow, and the surrounding area, ideally the same day;
• photograph your footwear;
• note the weather and the time;
• collect names and contact details of witnesses;
• report the fall to the property owner or manager and ask for an incident report;
• ask about security video promptly;
• get medical attention and keep records.
Snow-removal contractors
Many commercial and residential properties hire contractors to clear snow and apply salt. A contractor may share responsibility with the property owner if it failed to perform its work properly. The contract between the owner and contractor may set out who is responsible for what. The 60-day notice requirement under the Occupiers’ Liability Act can apply to contractors as well as occupiers, so notice may need to be given to more than one party.
Where a fall happens at a workplace or while working, other rules, including workplace insurance, may also be relevant. These situations should be reviewed individually.
Conclusion
A winter slip and fall claim in Ontario can turn on notice and evidence, so prompt documentation matters. Contact Booni Law at admin@boonilaw.com or +1 (226) 271-1751 to discuss the facts. No outcome is promised.
Frequently Asked Questions
How long do I have to give notice after slipping on ice in Ontario?
For private property, written notice is generally required within 60 days under the Occupiers’ Liability Act. For municipal roads and sidewalks, written notice is generally required within 10 days under the Municipal Act, 2001. See https://www.ontario.ca/laws/statute/90o02 and https://www.bogoroch.com/blog/10-day-notice-period/.
Can I sue the city for a fall on an icy sidewalk?
Possibly, but a municipality is generally liable for snow or ice on a sidewalk only if it was grossly negligent, and the 10-day notice requirement applies. See https://www.bogoroch.com/blog/municipal-occupiers-liability-who-is-responsible-for-your-slipstrips-falls/.
Does my footwear matter?
It can. Inappropriate footwear may lead to a finding of contributory negligence and reduce damages.
What if I missed the notice deadline?
Exceptions may exist where there is a reasonable excuse and no prejudice, but they are fact-specific. The notice rules should be addressed immediately. See s. 6.1 of the Occupiers’ Liability Act and s. 44(12) of the Municipal Act, 2001.
Injured in a fall on snow or ice?
Notice deadlines for winter falls can be very short. If you were injured on snow or ice, contact Booni Law promptly so the notice requirements and your options can be reviewed. Email Booni Law at admin@boonilaw.com or call +1 (226) 271-1751. Each claim depends on its own facts, and no result can be promised.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create a solicitor-client relationship between you and Booni Law. The information in this article may not reflect the most current legal developments and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you require legal advice, please contact Booni Law.
