How Ontario’s Bill 118 Changed the Deadline to Sue for Slip and Fall Injuries

Slip and fall accidents, due to ice or snow, are a common occurrence in Ontario during winter months. However, the rules regarding when and how a slip and fall victim could file a claim have dramatically changed since the implementation of Bill 118, commonly referred to as the Occupiers’ Liability Amendment Act.

Under this law, an individual injured in a slip and fall accident on private property or municipal property now has to meet strict notice requirements before filing a lawsuit. Failure to file within this period may result in the injured party being left in the undesirable position of losing their right to recover entirely.

What Is Ontario’s Bill 118?

Passed by the Ontario Legislature in 2020, Bill 118 modified the Occupier’s Liability Act. It requires anyone who is injured from a slip and fall on snow and ice give written notice to the owner of the property or the independent contractor who does the snow removal within 60 days of the date that the injury occurred to a person listed in subsection . The notice must include the date, time, and location and be personally served, or sent by registered mail.

What the Law Was Before Bill 118

Slip and fall claims, before the change, had only the standard two-year limitation period for personal injury actions. Victims did not have to give early notice, let alone evidence such as snow and ice conditions that may well be gone before property owners are on notice of a claim.

What Changed Under Bill 118

Now, the failure to serve a notice within the relevant period of 60 days operates as a bar to the action, unless the judge finds there was reasonable excuse and that the defendant was not prejudiced. Once notice is given to at least one person, either the occupier or contractor responsible, it is valid with regard to all persons falling within the Act.

This amendment creates greater certainty for property owners and contractors while requiring fall victims to act quickly after a slip and fall injury.

The Difference Between Notice Period and Limitation Period

Under Ontario’s Occupiers’ Liability Act, there are two key deadlines that impact slip and fall claims: the notice period, and the limitation period.

It introduced the notice period through Bill 118, also known as the Occupier’s Liability Amendment Act, which calls for an injured person in a snow and ice slip-and-fall incident to give written notice of the injury within 60 days when the injury occurred. The written notice must identify the date and time the fall accident occurred, the location where the accident happened, and a brief description showing how the injuries caused in the incident.

By contrast, the two-year limitation period is the general deadline under Ontario law for bringing an action shall be brought for the recovery of damages for personal injury. Even if you are filing within two years, failure to give notice within 60 days can still bar your claim unless one of a number of exceptions applies.

When Exceptions May Apply

The judge may excuse a delay in serving notice if he finds that the slip and fall victim had a reasonable excuse for failing to give notice in a timely manner and that the defendant will not be prejudiced.

Common examples of reasonable excuse include:

• The injured person was hospitalized or medically unable to provide notice.
• The victim did not realize the severity of the slip and fall injury immediately.
• Confusion over who was the property owner or contractor responsible for removing snow or ice.

Even when an exception may apply, it is always best to give notice as soon as possible to avoid being in an unfortunate position of losing your right to compensation.

Who Must Receive the Notice

To be in compliance with Bill 118, the written notice has to be served personally or by registered mail to at least one of the following identified in subsection 2 of the Occupiers’ Liability Act:

The occupier or owner of the premises where the fall occurred, and

Any independent contractor employed to remove snow or ice at that location.

Once at least one person referred to in subsection 2 receives notice, then it becomes notice for all persons listed, including other occupiers or contractors.

For municipal property, there is a different 10-day notice period under the Municipal Act, with a requirement for written notice to the municipality itself.

Protect Your Right to Compensation with a Slip and Fall Lawyer at Grillo Law

If you’ve suffered a slip and fall injury due to snow or ice, missing the notice period under Bill 118 could prevent you from pursuing damages for personal injury. A personal injury lawyer at Grillo Law can assist you in:

Prepare and serve injury written notice properly and in a timely manner.

Identify the right person or persons under the Occupiers’ Liability Act.

Collect evidence that will show the injury sustained and prove negligence.

Ensure that both the Occupiers’ Liability Amendment Act and the two-year limitation period are met. Contact Grillo Law today for a free consultation.

Our team of experts will ensure that your fall claim meets all legal deadlines and that you receive fair compensation for your slip-and-fall case.