Winter is coming?
Winter is here?
Winter never left?
Either way you cut it; it’s getting cold outside. And with colder weather comes snow and ice. Snow and ice mean dangerous driving conditions along with slip and fall walking hazards.
The focus of this edition of the Toronto Injury Lawyer Blog will be on winter time slip and falls in Ontario.
What’s changed for slip and fall cases in Ontario?
In December 2020, without any consultation, the Ontario Provincial Government introduced the Occupiers’ Liability Amendment Act
The Occupiers’ Liability Amendment Act provides for a new 60 day notice period for slip and fall cases involving snow and ice:
Notice period — injury from snow, ice
6.1 (1) No action shall be brought for the recovery of damages for personal injury caused by snow or ice against a person or persons listed in subsection (2) unless, within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection (2).
Not only does a Plaintiff have to give notice of his/her claim within 60 days; but the notice must either be served personally or sent by registered mail to:
1. The occupier of the premises and;
2. The independent contractor(s) employed by the occupier to remove snow or ice on the premises during the relevant period in which the injury occurred.