What is the 60-Day Notice Rule for a Slip and Fall on Ice in Ontario?

In Ontario, if you are injured in a slip and fall on ice or snow, you must provide written notice to the property owner or snow removal contractor within exactly 60 days of the incident. This slip and fall Ontario 60 day notice rule was introduced by Bill 118 in 2020. If you miss this strict deadline, you are generally barred from pursuing a personal injury lawsuit forever, even if you are still well within the standard two-year limitation period.

Summary:

• Private Property (The 60-Day Rule): You have 60 days to send written notice for falls on private property (store parking lots, residential driveways, private sidewalks).

• Public Property (The 10-Day Rule): You have just 10 days to send written notice for falls on municipal property (city sidewalks, public transit stations, city parking lots).

• Delivery Method: The notice must be personally served or sent via registered mail. Emails and texts do not count.

• Content Required: It must state the exact date, time, and specific location of the fall.

• The Consequence: Missing the deadline typically kills your claim immediately.

Visuals & Citable Content:

• Visual Suggestion: Insert a chronological “Notice Deadline Timeline” graphic. Use a calendar visual showing the date of the fall as “Day 0”, a red warning marker at “Day 10” (Municipal Deadline), a bold red marker at “Day 60” (Private Property Deadline), and a final marker at “Year 2” (Lawsuit Limitation Period).

• Source Citation: Governed by the Occupiers’ Liability Act (amended by Bill 118) and the Municipal Act.

What Is Bill 118 and Why Does It Matter?

You fell on an icy sidewalk in January. You’re still healing in March. And you just missed a legal deadline you never knew existed—your claim is gone before it ever started. This is the reality for thousands of Ontario slip and fall victims every year.

Before 2020, slip and fall victims had the same two-year limitation period that applies to most personal injury claims. There was no obligation to notify the property owner early, and no penalty for waiting. Bill 118 Ontario changed that entirely for falls caused by ice and snow.

Under the amended Occupiers’ Liability Act, anyone pursuing a slip and fall ice claim Ontario must provide written notice to the property owner—or the independent contractor responsible for snow removal—within 60 days. Missing this deadline does not simply weaken your claim. In most cases, it completely bars you from pursuing one.

What the Written Notice Must Include

The notice cannot be informal. A text message, a phone call, or a verbal report to a store employee does not satisfy the requirement. It must be in writing, personally served or sent by registered mail, and must include:

• The date of the fall

• The time of the fall

• The location of the fall (described with as much specificity as possible)

If you cannot prove the notice was delivered in the exact required form, it is legally treated as if no notice was given at all.

The 10-Day Rule: If You Fell on City Property

If your fall occurred on municipal property—a public sidewalk, a city-maintained parking lot, or any other land owned by a municipality—the timeline is drastically shorter.

Under the Municipal Act, a municipality 10 day notice slip fall requirement applies. You must provide written notice to the city clerk within 10 days of the incident. This is not a different version of the 60-day rule; it is a separate, much stricter requirement. If there is any chance your fall occurred on municipal land, you must contact a lawyer immediately.

The Ownership Ambiguity Problem

One of the most common complications in a [slip and fall] case is determining who actually owns the property. A sidewalk in front of a commercial building might look like a city sidewalk. A pathway between buildings might belong to a condo corporation.

Getting this wrong means sending your notice to the wrong party—which is the same as sending no notice at all. Your lawyer will conduct a real estate title search to identify the registered owner and any relevant snow removal contracts. Do not guess at ownership; the consequences are severe.

The Two-Year Limitation Period: A Separate Requirement

The 60-day notice rule and the two-year limitation period for personal injury lawsuits are completely separate requirements. You must satisfy both.

Sending a valid 60-day notice simply protects your right to pursue a claim. You still have two years from the date of the fall to actually commence that lawsuit in court. Miss either deadline, and the claim is dismissed.

What to Photograph Before the Snow Melts

Evidence in winter injury cases is uniquely time-sensitive. Snow and ice conditions change within hours. If you are physically able, document the scene immediately:

• Photograph the exact location of the fall from multiple angles.

• Capture the ice, snow, or slush conditions that caused the fall.

• Document any lack of sand, salt, or other treatment.

• Take photos of your injuries (bruising, cuts, swelling).

• Note the lighting conditions if the fall occurred at night.

If you cannot photograph the scene yourself, ask someone to go back as quickly as possible—ideally within hours, before any cleanup alters the hazard.

Missed the Deadline? There May Still Be Options

If you believe you have missed the 60-day notice window, do not assume your claim is dead without speaking to a lawyer first. The courts have occasionally allowed late notice if:

1. There was a reasonable excuse for the delay (e.g., the victim was hospitalized and severely incapacitated).

2. The property owner was not prejudiced (meaning their ability to investigate or defend the claim was not harmed by the delay).

These exceptions are narrow and difficult to establish, but a personal injury lawyer can assess whether your specific circumstances give rise to an argument for relief.

Secure Your Slip and Fall Claim Today

At Cambria Law Firm, we represent victims facing occupier liability Mississauga cases and claims across the GTA. We move quickly—confirming ownership, sending registered notice within the strict timeframes, and building the evidence foundation your case needs before ice melts and deadlines pass.

If you fell on ice or snow in Ontario earlier this winter, the 60-day window may still be open right now. Do not wait.

Call us at 416-840-7545 or contact us online for a free consultation. No fees unless we win.