Ontario 60-Day Slip and Fall Notice Rule
If you were injured on private property, Ontario’s 60-day notice rule may determine whether your slip and fall case continues or ends before it starts.
Put simply, the law says you must give written notice by personal service or registered mail to the owner, occupier, management and / or maintenance company within 60 days of your accident. The notice should include what happened, where it happened, and the main details (time, etc.). If you miss this step, your case can quickly become more difficult.
This rule comes from the Occupiers’ Liability Act (“OLA”) and is part of the larger legal system for fall claims in Ontario. The purpose is not just paperwork. It gives the property owner and occupier a fair chance to check their property, parking lots, or other hazards before conditions change and to preserve any maintenance logs or video surveillance that may be relevant to the incident.
The system does not expect everything to be perfect, but it does require you to act. Timing is more important than many people think. If you’re unsure whether your situation qualifies, contact us at Avanessy Giordano LLP, or you can start by reviewing cases involving slip and fall injuries.
What About Municipal Property in a Slip and Fall Case?
Municipal property generally includes spaces owned or maintained by a city or town. Sidewalks, roads, public walkways, and even some parking lots fall into this category.This is different than private property and different rules and timelines apply.
It is not always clear who is responsible. If you fall on private property, it could involve the property owner, a landlord, or a property manager. Sometimes, the city is still responsible for the area around the property.
Here are common examples:
- Sidewalks affected by snow or ice
- Public parking lots
- City-owned pathways or parks
- Roadways and intersections
Sometimes, a snow removal contractor or another contractor hired by the city is involved. This does not mean the city is no longer responsible. It simply adds another part to the negligence claim. For municpal claims, the timeline for notice is 10 days, even shorter than private property claims due to snow and / or ice.
There are also different requirements and maintenance standards for municipalites versus private property owners.
You can review the full legislative framework through Ontario’s Municipal Act notice requirements.
How Long Do You Have to Report a Slip and Fall in Ontario?
You usually have 60 days to report a slip-and-fall accident that occurred on private property. However, there are still limitation periods. In Ontario, most personal injury claims must be started within 2 years. The notice period is different and comes first. Missing it can stop your claim before it even starts.
If your accident happened on private property, the Occupiers’ Liability Act applies. According to the OLA, there is no strict 60-day notice rule if the fall was not caused by snow and / or ice. Still, it is best to act quickly because evidence can disappear and memories can fade. Speaking with an experienced slip and fall lawyer early can help you avoid missing critical deadlines that could affect your claim.
Ontario’s 60-Day Notice Rule in Ontario Slip and Fall Cases Explained
The rule may seem strict, but it has a practical purpose. Owners and Occupiers need quick notice so they can investigate.
For example, icy parking lots or driveways can change overnight. Snow might be cleared or salt added. Without early notice, it is hard to prove what caused the fall.
To comply, you must:
- Provide written notice
- Include the date and address of the incident
- Describe how the slip or fall happened
The Occupiers’ Liability Act (and the 2020 amendements regarding falls on snow and / or ice on private property) and similar laws also serve a role in keeping properties safe for users. The OLA outlines a positive duty for Owners adn Occupiers to keep the property reasonably safe and take proactive steps and make reasonable efforts to do so.
If these steps are not taken and someone fails in their duty, they may be held responsible.
Exceptions to the 60-Day Rule
Failing to meet the deadline does not always mean your case is over. There are exceptions, but they are not guaranteed.
Courts may consider:
- Whether you had a reasonable excuse
- Whether the municipality or private property owner was prejudiced by the delay
A serious injury, delays in getting medical help, or not knowing who owned the property might qualify as exceptions. It all depends on the details of your case.
The law does not close the door completely. It just makes it harder to reopen.
Common Causes of a Fall Accident
Not every fall accident happens by chance; many tend to follow a certain pattern.
Common causes include:
- Icy sidewalks that were not cleared
- Snow or ice buildup near entrances
- Damaged pavement or uneven surfaces
- Poor lighting in public areas
- Debris left in walkways
Sometimes a snow removal contractor fails to remove snow properly. Other times, an independent contractor cuts corners. In either case, responsibility can still be traced back to the municipality or another party.
Each fall case turns on its own details. A wet floor inside a city building is very different from a slip on ice outside.
What to Do Immediately After a Fall in Ontario
The first few moments after a fall matter more than people expect.
Start with the basics:
- Check your injury
- Move to safety if possible
- Report the incident
If you can, create an incident report right away. Even a short note with the date, time, and address helps. Photographs of the area also are helpful.
Small actions early on can shape the entire claim later.
Seek Medical Attention
Getting medical attention is not optional. It protects your health and your case. Medical records become key evidence in any personal injury claim. They show the connection between the accident and the injury. Without them, things get harder to prove.
Even if the pain feels manageable, do not assume it will stay that way. Some injuries take time to surface.
Document the Scene of an Incident
Evidence disappears quickly. Snow melts. Surfaces get repaired.
Try to document the scene:
- Take photos of the hazard
- Capture the surrounding area
- Note the exact location
- Speak to any person who witnessed the incident
Surveillance footage can also help, though it is often overwritten within days. Acting quickly increases the chances of preserving it.
What Must Be Included in a Proper Notice?
A proper notice need not be perfect, but it must be clear.
At a minimum, include:
- The date of the fall accident
- The address or exact location
- A brief description of what happened
- Your contact information
The goal is simple. Give the municipality or property owner enough information to investigate. The law does not require perfection, but vague details can cause problems.
How to Serve the Notice
Serving notice correctly matters just as much as writing it.
You can provide notice through:
- Registered mail
- Personal service
Registered mail gives you proof that the notice was sent and received. Personal service can be faster, but it requires proper documentation.
Some municipalities accept other methods, but it is safer to follow traditional options unless advised otherwise.
What Happens If You Miss the 60-Day Deadline?
Missing a deadline can seriously hurt your claim, sometimes beyond fixing. The municipality might say they didn’t get the notice on time and can’t investigate properly. That’s a strong point for them. However, courts might still let your claim move forward if you have a good reason and nobody is unfairly affected. It’s not guaranteed, and it can be quite challenging.
How the 60-Day Notice Rule Affects Your Lawsuit
The 60 day notice rule often becomes a threshold issue. If it is not satisfied, the case may not even reach the stage where negligence is fully argued.
If it is satisfied, the emphasis changes. Does the Occupiers’ Liability Act apply? Did the property owner or city take reasonable steps? Was there a failure to protect people from harm? These questions shape the lawsuit. They affect legal fees, timelines, and strategy.
Lost wages, ongoing treatment, and the wider impact of the injury all come into play. But none of that matters if the notice requirement is overlooked.
Injured in a Slip & Fall? Speak to Our Legal Team
If you have been injured in a slip and fall, timing is not something to guess at. Our legal team understands how Ontario’s 60-day notice rule works in real situations, not just on paper. We help clients:
- Prepare and send proper notice
- Identify responsible parties, including the landlord or the tenant
- Build a strong negligence claim
- Understand the legal framework with clarity
You do not have to figure this out alone. If you are not sure about your claim, ask for a free consultation. Talk to a team like ours that understands how quickly these cases can change. Sometimes, taking one early step can be the difference between moving forward and walking away.
