Ontario’s 60-Day Rule for Slip and Falls Explained

By: Navraj Aujla

Introduction

In 2021, Ontario introduced one of the most significant reforms in premises liability law in decades. Through Bill 118, the Occupiers’ Liability Act was amended to require written notice within 60 days of any personal injury claim arising from snow or ice.

This reform altered the balance between injured plaintiffs and property owners, reducing flexibility for victims while strengthening the defence for landlords and municipalities.

As Mississauga slip and fall lawyers, we have seen firsthand how this rule bars valid claims. If you do not act fast, you may lose your right to compensation.

The Legal Foundation: Occupiers’ Duty of Care

Section 3(1) of the Occupiers’ Liability Act establishes a broad duty:

“An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises… are reasonably safe while on the premises.”

This statutory duty applies equally to:

• Homeowners and landlords

• Businesses and commercial occupiers

• Property managers and condominium corporations

• Municipalities maintaining sidewalks and public spaces

• Contractors engaged in snow and ice removal

Prior to Bill 118, plaintiffs often had up to two years to notify a defendant. That is no longer the case for winter accidents.

The 60-Day Notice Requirement

Section 6.1, added by Bill 118, requires plaintiffs to provide written notice within 60 days after the occurrence of an injury caused by snow or ice.

The notice must contain:

• The date, time, and location of the accident.

• Sufficient detail to enable the occupier or contractor to investigate.

Delivery may be made to an occupier or a contractor retained to remove snow and ice. While courts have accepted informal delivery (e.g., email), the best practice is to use registered mail or a courier to prove receipt.

Consequences of Non-Compliance

Failure to provide notice within 60 days may bar an action entirely, meaning your case is dismissed before it even begins. There are only two statutory exceptions, and Ontario courts apply them strictly:

• Reasonable Excuse: The plaintiff must prove they were physically or mentally incapable of providing notice (e.g., severe injury requiring prolonged hospitalization). Note: Ignorance of the 60-day law is not considered a reasonable excuse.

• No Prejudice: You must prove that the delay did not harm the defendant’s ability to defend themselves (e.g., they already knew about the incident or had preserved surveillance footage).

Case Law: In Chiocchio v. City of Hamilton (2021 ONSC 3835), late notice was excused because the plaintiff was hospitalized and the municipality retained sufficient maintenance records. However, in other cases where no compelling medical excuse was shown, claims have been summarily dismissed.

Expanding Liability Beyond Occupiers

The 60-day rule applies regardless of the number of potential defendants. Liability is often shared, which complicates the notice process. We often need to serve notice to multiple parties simultaneously:

• Property owners and landlords: Responsible for common areas.

• Commercial occupiers: Tenants who invite the public for financial benefit.

• Snow removal contractors: Where contractual obligations are breached (e.g., Cairns v. Toronto Catholic District School Board).

• Municipalities: Critical Warning: Municipal claims require even stricter notice—10 days under the Municipal Act, 2001.

Critical Strategy: You must serve notice to every single potential party. If you serve the landlord but forget the snow removal contractor, your claim against the contractor may be barred forever.

Tal to identify all parties early. To learn more about how we investigate these multiple parties, read our guide on Occupiers’ Liability Act Rights.

Contributory Negligence Considerations

Even where notice is valid, Ontario courts may reduce damages for contributory negligence if the victim did not take reasonable care. Defense lawyers frequently argue that the plaintiff is partially at fault for:

• Wearing inappropriate footwear (e.g., running shoes in an ice storm).

• Walking while distracted (e.g., texting).

• Ignoring visible warning signs or pylons.

In Kirkland v. Ontario Ltd. (2020 ONSC), the plaintiff’s damages were reduced by 25% on this basis.

Proving you were not at fault requires strong evidence. See our guide on How to Prove a Slip and Fall Claim for a checklist of what to photograph and document.

Illustrative Case Scenarios

To understand how these rules apply in real life, consider these scenarios:

Scenario 1: The Timely Notice (Successful Claim) A Mississauga resident slipped in a condominium parking lot. She contacted a lawyer immediately, who served notice to the Condo Corp, the Property Manager, and the Snow Removal Contractor within 30 days. Because notice was timely, all three parties were held accountable, and the client received full compensation.

Scenario 2: The Late Notice (Claim Barred) A Brampton delivery worker suffered a fracture but waited eight months to seek legal advice, assuming he had two years to sue. Because he wasn’t hospitalized and had no “reasonable excuse” for the delay, his claim was dismissed under Section 6.1. He received $0.

Scenario 3: The Excused Delay (Exception Applied) A Hamilton senior fractured her hip and was hospitalized for three months, followed by rehab. She provided notice 95 days after the fall. The court excused the delay because her medical condition made it impossible to manage her legal affairs sooner, and the city had kept good records of the sidewalk conditions.

How Cambria Law Can Help You Beat the Clock

The 60-day deadline (and 10-day municipal deadline) makes slip and fall cases a race against time. A generic lawyer may miss these nuances. Here is how our team protects your claim:

• Immediate Investigation: We don’t wait. We immediately visit the scene to secure surveillance footage and photos before the ice melts or the layout changes.

• Identifying All Defendants: We perform title searches and corporate searches to identify every landlord, property manager, and winter maintenance contractor involved. We serve notice to everyone to ensure no one escapes liability.

• Drafting the Notice: We ensure your notice meets the strict statutory requirements of the Occupiers’ Liability Act, preventing technical dismissals.

• Fighting Contributory Negligence: We gather evidence (weather reports, witness statements) to prove you were acting reasonably, minimizing any reduction in your final settlement.

Frequently Asked Questions (FAQs)

Q: What counts as a “reasonable excuse” for missing the 60-day deadline? A: Ontario courts have set a high bar. Generally, only severe physical or mental incapacity (e.g., a coma, prolonged hospitalization, or severe trauma preventing communication) qualifies. Simply not knowing the law or thinking the injury was “minor” at first is usually not accepted as an excuse.

Q: Does the 60-day rule apply if I slip indoors (e.g., a mall entrance)? A: It depends on the cause. The rule applies specifically to injuries caused by “snow or ice.” If you slip on a wet floor caused by melting snow inside a lobby, the 60-day rule likely applies. If you slip on a spilled drink, the standard 2-year limitation period usually applies. However, it is always safer to give notice immediately.

Q: What if I don’t know who owns the property? A: This is common. You can serve notice to the tenant (e.g., the store you were visiting). Your lawyer can then perform a title search to identify the owner and property manager. The key is to serve someone responsible within the 60 days to start the legal process.

Conclusion: A Strict but Navigable Regime

The 60-day rule represents a profound change in Ontario slip and fall litigation. It demands speed, precision, and legal guidance. Plaintiffs must act immediately after a slip and fall on ice.

At Cambria Law Firm, we help clients across Ontario navigate these strict requirements. We investigate quickly, preserve evidence, and protect your rights within the narrow statutory window.

Injured in a Fall? Act Before the Deadline. If you have been injured on snow or ice, do not wait. You may only have days left to file your notice. Our legal team can review your case immediately to ensure you don’t lose your right to sue.

We offer a 100% free, no-obligation consultation.

Sources

• Occupiers’ Liability Act, R.S.O. 1990, c. O.2. Government of Ontario. https://www.ontario.ca/laws/statute/90o02

• Bill 118, An Act to amend the Occupiers’ Liability Act (2021). Legislative Assembly of Ontario. https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-118

• Chiocchio v. City of Hamilton, 2021 ONSC 3835.

• Cairns v. Toronto Catholic District School Board, 2019 ONSC 4231.

• Municipal Act, 2001, S.O. 2001, c. 25. Government of Ontario. https://www.ontario.ca/laws/statute/01m25

• Kirkland v. Ontario Ltd., 2020 ONSC.