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Ontario's 2021 Slip and Fall Notice Law Explained

On January 29, 2021, Ontario added a new step for anyone who wants to sue over an injury caused by snow or ice on private property: written notice within 60 days. Snow removal contractors are named in the law, so the change affects how contractors receive, forward and document claims.

General information only, not legal advice. Rules change; confirm the current wording on Ontario e-Laws and speak with a lawyer about any specific claim.

Where the Law Came From

Bill 118, the Occupiers' Liability Amendment Act, 2020, was sponsored by Norman Miller. It received Royal Assent on December 8, 2020 as S.O. 2020, c. 33, and came into force by proclamation on January 29, 2021. According to the law firm BLG, the 60 day period was extended from an earlier 10 day proposal. McMillan describes the rule as intended to mirror the 10 day notice period already in place to protect municipalities.

What Section 6.1 Says

The amendment added section 6.1 to the Occupiers' Liability Act. The core rule in s. 6.1(1) reads:

"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)."

The rest of the section fills in the details:

  • Who can receive notice (s. 6.1(2)): an occupier of the premises, or an independent contractor the occupier employed to remove snow or ice on the premises during the relevant period.
  • Forwarding (s. 6.1(3) and (4)): a person who receives the notice must send a copy to the other occupiers and snow contractors involved during that period. BLG notes the Act sets no deadline for forwarding.
  • Death (s. 6.1(5)): missing notice is not a bar if the injured person died as a result of the injury.
  • Reasonable excuse (s. 6.1(6)): a judge may excuse missing or insufficient notice if there is a reasonable excuse and the defendant is not prejudiced in its defence.
  • One notice counts for all (s. 6.1(7)): notice to any one listed person counts as notice to all potential defendants.

So a contractor may never receive a notice directly and still be part of a claim.

What It Does Not Change

The 60 day notice does not replace Ontario's general two year limitation period. It is an extra precondition on top of it.

Public Roads and Sidewalks: The 10 Day Rule

LawPRO's practicePRO notes that the Occupiers' Liability Act does not apply to the Crown or a municipality where it is an occupier of a public highway or road. Falls on municipal roads and sidewalks fall under the Municipal Act, 2001 instead. Section 44(10), as quoted by SFG Paralegal, requires written notice of the claim, including the date, time and location, to be served on or sent by registered mail to the municipal clerk within 10 days. As with s. 6.1, there are exceptions for death (s. 44(11)) and for a reasonable excuse where the municipality is not prejudiced (s. 44(12)). The City of Toronto Act, 2006 has a parallel rule.

The details in a notice count. In Fernando v. Niagara Falls (City), 2021 ONSC 7350, as summarized by Clyde & Co, notice was given within 10 days but did not accurately specify the location, and the claim was dismissed on summary judgment.

Has a Court Applied Section 6.1?

In December 2022, practicePRO wrote that no decision had yet been released addressing the new section. We did not find a reported decision applying s. 6.1 in the sources we reviewed, although one may exist.

What This Means Day to Day

  • Know who opens registered mail. A notice can arrive that way.
  • Forward notices to the occupier. The Act requires it. Do it promptly even though no deadline is written in.
  • Tell your broker right away. See the snow removal claims guide.
  • Keep records. Dated logs, photos and salt records support a defence. See site logs and documentation and our snow log template.
  • Confirm your coverage. Ask a broker how your general liability policy treats slip and fall claims.

For a fuller look at the rule, read our guide to the Occupiers' Liability Act 60 day notice, or see snow plow insurance in Ontario.

Sources

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Frequently Asked Questions

When did Ontario's 60 day snow and ice notice rule take effect?

Section 6.1 of the Occupiers' Liability Act came into force on January 29, 2021, after Bill 118 received Royal Assent on December 8, 2020.

Does the notice have to be served on the snow contractor?

No. Notice to at least one listed person, either an occupier or the snow contractor the occupier employed, counts as notice to all potential defendants.

Does the 60 day rule replace the two year limitation period?

No. The two year limitation period still applies. The 60 day notice is an extra step on top of it.

What if the fall happened on a city sidewalk?

Falls on municipal roads and sidewalks are covered by the Municipal Act's 10 day notice rule instead, with notice going to the municipal clerk.