Standard Limitation Period for Slip and Fall Claims in Ontario

In Ontario, personal injury claims, including slip and fall lawsuits, are subject to a 2-year limitation period under the Limitations Act, 2002. This statute states that, barring exceptional circumstances, you must commence legal proceedings within 2 years from the date a person discovered, or reasonably should have discovered, that:

• They were injured,
• The injury was caused by someone’s act or omission,
• And the nature of the injury warranted legal action.

Limitation periods exist to keep the legal process predictable. They give injured individuals a reasonable window to start a claim while ensuring defendants are not left in uncertainty indefinitely.

For straightforward cases, such as a slip and fall inside a store, the two-year limitation period typically begins on the date of the accident. Missing this deadline is serious. In most situations, your claim will be dismissed, no matter how strong it might have been.

Since January 2021, there is an extra step for slip and fall accidents on snow or ice on private property. You must send written notice to the property owner or contractor within 60 days of the fall injuries. The notice has to include the date, time, and location of the accident, and it must be delivered in person or sent by registered mail.

Failing to send the required notice on time can have serious consequences. In many cases, you may lose your right to compensation entirely. There are exceptions: you must show that you had a reasonable excuse for the delay and that the property owner’s ability to defend the claim was not harmed.

These requirements exist to ensure fairness. It gives property owners a chance to investigate while evidence is still fresh. If you are unsure about notice deadlines, seek legal advice immediately. Acting quickly can make the difference between a successful claim and no claim at all.

Shortened Deadlines for Claims Against Municipalities

When a slip and fall occurs on municipal property, such as sidewalks, roads, parks, or public parking lots, Ontario law has stricter deadlines. Under the Municipal Act, 2001, a victim must provide written notice within 10 days of the incident. The required notice must include the date, time, and location of the fall accident injuries.

Failure to meet the 10-day deadline can bar your claim entirely, unless you can can show:

1. A reasonable excuse for the delay (e.g., hospitalization, incapacity).
2. That the municipality suffered no prejudice due to the late notice.

Courts strictly enforce this rule to ensure evidence is preserved and hazards are quickly addressed.

When the Limitation Period May Be Extended

While the standard 2‑year period is strict, Ontario law recognizes several exceptions that can extend the deadline:

1. If you did not know about your injury or what caused it on the day of the fall, the two-year time limit might start later. The clock begins when a reasonable person would have realized they were hurt, understood what caused it, and knew that taking legal action made sense.
2. If the injured person is under 18 when the accident happens, the two-year deadline does not start until they turn 18.
3. If someone is mentally incapable, such as being in a coma, having a serious mental illness, or another severe condition, the time limit is paused. It only starts when they regain capacity or when a litigation guardian is appointed to act for them.

The Importance of Acting Quickly After a Slip and Fall

Quick action is critical for several reasons:

• Preserving evidence: Photographs of the hazard, CCTV footage, and maintenance logs can be lost or overwritten if not secured promptly.
• Reliable witness testimony: Over time, witness memories fade. Early statements of slip and fall accident are more accurate.
• Avoiding procedural pitfalls: Meeting notice deadlines (10 days for municipalities, 60 days for private property snow/ice accidents) protects against losing your claim.
• Strengthening your case: Timely medical evidence and professional assessments support the severity and cause of your injuries.

Why Choose Our Lawyer for Your Slip and Fall Case?

When facing the aftermath of a slip and fall accident, navigating legal timelines and liability can be overwhelming. Our firm offers:

• We will help you calculate deadlines, identify the statute’s start date, and assess any extensions due to discoverability, minors, or incapacity.
• We will draft and serve legally compliant notices, within 10 days for municipalities or 60 days for incidents involving snow and ice, on your behalf.
• Our partners are certified specialists in civil litigation by the Law Society of Ontario. We are knowledgeable in the specific rules and exceptions governing these types of accidents.
• If a fair settlement cannot be reached, our personal injury lawyers are prepared to take your case to trial. We will advocate to secure full compensation for every aspect of your losses: physical, emotional, and financial. Our goal is simple: to ensure you have the resources and justice you need to move forward.

If you have been injured in a slip and fall incident, contact Burn Tucker Lachaîne today by texting at 613-777-0992, calling at 613-233-6898 or visiting our website.