A slip and fall can happen anywhere — an icy sidewalk in front of a Mississauga plaza, a wet floor in a Toronto grocery store, a broken step in a Hamilton apartment building. In a single second, you can go from going about your day to facing a fractured hip, a spinal injury, or a traumatic brain injury.

The law in Ontario protects you. Property owners and occupiers have a legal duty to keep their premises safe. When they fail — whether through negligence, poor maintenance, or inadequate winter upkeep — you are entitled to compensation. Nav Aujla and the team at Cambria Law Firm help you get it.

Important Deadline: Slipped on snow or ice? You have 60 days to serve notice. Call 416-840-7545 today.

The 60-Day Rule — The Deadline That Ends Cases

Under Ontario’s Occupiers’ Liability Act, if you slipped on snow or ice on private property, you must serve formal written notice on the property owner within 60 days of the accident. This is not a soft deadline. Courts have dismissed perfectly valid cases because this notice was missed by days.

Municipal property is even stricter: if you fell on a city sidewalk, road, or public space, you must provide written notice to the municipality within 10 days.

Who Is Liable for Your Slip and Fall in Ontario?

Ontario’s Occupiers’ Liability Act governs all slip and fall cases. Both property owners and occupiers owe a duty to keep premises reasonably safe for visitors. The standard of care varies depending on the type of property:

  • Commercial properties (stores, malls, restaurants): Higher standard — must inspect regularly and respond quickly to hazards.
  • Residential properties (private homes, apartments): Standard duty of care to lawful visitors.
  • Municipal property (sidewalks, parks, roads): Gross negligence standard — a higher bar, but not impossible to meet.

What You Must Prove

To succeed in a slip and fall claim in Ontario, we must establish four key elements:

  • A hazardous condition existed (e.g., an ice patch, wet floor, broken step, or poor lighting).
  • The occupier knew, or should have known, about the hazard.
  • They failed to correct it or warn you about it.
  • That failure directly caused your injury.

What Compensation You Can Claim

A successful slip and fall claim can secure financial recovery for the full impact the injury has had on your life, including:

  • Pain and suffering for physical pain and emotional trauma.
  • Past and future income loss.
  • Medical and rehabilitation costs not covered by OHIP.
  • Attendant care costs if you require personal or nursing support.
  • Housekeeping and home maintenance costs if you can no longer perform daily tasks.
  • Out-of-pocket expenses, including transportation, assistive devices, and medical equipment.

Frequently Asked Questions

How long do I have to sue for a slip and fall in Ontario?

You generally have 2 years from the date of the accident to start a lawsuit. But critical notice deadlines are much earlier: 60 days for ice and snow on private property, and 10 days for municipal property. Act quickly to preserve your rights.

What if I was partly at fault for the fall?

Ontario uses contributory negligence. If you are found 25% at fault (for example, by wearing inappropriate footwear for the weather), your recovery is reduced by 25% — but you still recover 75% of your damages.

Can I claim if I slipped on a rental property?

Yes. Landlords and property managers are occupiers under the Act and owe a duty of care to tenants and their guests. If a landlord failed to maintain safe conditions, they may be held liable.

What if there are no witnesses?

Witness testimony is helpful but not required. We build cases using security footage, incident reports, maintenance logs, weather data, and medical documentation. The absence of witnesses does not end a slip and fall case.