Toll-free: 1-800-563-6348

60 Days or Less, Preserving Your Rights in a Slip and Fall

Winter has arrived, and with it comes the unavoidable slippery sidewalks and walkways. Under the Occupiers Liability Act those you occupy a property (either as an owner or by lease) have a recognized duty owed to people who visit the property, and even those who trespass on it. The Act also addresses the liability these occupiers have for accidents which arise because of the dangerous conditions of the property.  

When dealing with public sidewalks, the Municipal Act sets out a 10 day notice period in which a person who has slipped and injured themselves on municipal sidewalks, must give the municipality notice of the accident. This notice period is not the same when dealing with private occupiers. 

Two weeks ago the Government of Ontario amended section 6.1(1) of the Occupier Liability Act which now reads “No action shall be brought for the recovery of damages for personal injury caused by snow or ice against [an occupier or an independent contractor employed by the occupier to remove snow or ice], unless, within 60 days after the occurrence of the injury, written notice of the claim is served.” While this 60 day notice period longer than the one under the Municipal Act, frequently the full extent of a person’s injuries are not known within these notice periods. Nonetheless, in order to preserve your rights, sending notice to an occupier within these time frames is critical. 

If you or anyone you know has been involved in a slip and fall accident, our team of experienced Ontario personal injury lawyers can help. Contact us online for a free legal consultation or call 705-526-1471 to speak directly with one of our lawyers.

Get a Consultation*

Please enable JavaScript in your browser to complete this form.

*Please note: Sending an email to us will not make us your lawyers. You will not be considered a client of the firm until we have agreed to act for you in accordance with our usual policies for accepting clients. Unless you are a current client of FDT LLP, please do not include any confidential information in your email. No information you send us can be held in confidence and no information we provide to you can be treated as legal advice unless and until we have agreed to act for you.