In the last year, our firm Burn Tucker Lachaîne published a few blogs on the important changes to the legislation for slip and fall incidents due to ice and snow.  The changes to the Occupiers’ Liability Act have now come into effect in Ontario.  These changes affect the rights of all slip and fall injury victims.

If you are looking to be compensated for your injuries, you now have a maximum of 60 days to let the occupier of where you fell know about your injuries and losses.  An “occupier” is the owner of the property where you fell or any person or business responsible for the condition of the property. For example, a snow removal contractor can be an occupier of an icy parking lot.

The notice to the occupier must be in writing. It must include the date, time and location of your fall.  It must be delivered by hand to the occupier or sent by registered mail.

What happens if you don’t send this notice? You will not be able to obtain compensation for your injuries and losses, such as lost wages, physiotherapy costs and other medical expenses.

There are 2 exceptions to the new 60-day notice requirements:

• The injury was not caused by snow or ice
• The injury resulted in a death
• You have a reasonable excuse for not giving notice and the occupier has not been prejudiced by the lack of notice.

The Ontario courts have not interpreted the new notice requirement yet.  However, “reasonable excuse” has been considered by the courts under the Municipal Act. The courts accepted the following as a “reasonable excuse” for not providing a notice of injuries and losses:

• The victim did not initially know the seriousness of her injuries. (Seif v Toronto (City), 2015 ONCA 321)
• The injury victim was unable to give notice because he was in a restrictive cast for 12 weeks, was taking a powerful narcotic to manage his pain and was depressed and anxious about his inability to work (Crinson v Toronto, 2010 ONCA 44)
• The injury victim only realized the ongoing impact of her injuries on her functioning after receiving intensive therapy for several months (Graham v Toronto (City), 2021 ONSC 2278)

It is expected that the courts will interpret the “reasonable excuse” the same way under the Occupiers’ Liability Act as they did under the Municipal Act.  It important to note that in addition to proving that you have a reasonable excuse, the court must accept that the occupier has not been prejudiced by the lack of notice.

Don’t forget that after the notice is given, you will have 2 years to start a claim (lawsuit) against the occupier.  Providing a notice to the occupier is not the same as started a claim.

Don’t wait. If you have been injured in a slip and fall incident, text us right away at 613-777-0992 or contact us through our website to schedule a meeting with one of our lawyers.  We provide a free consultation, in French or English, to ensure that your rights are protected.   In most cases, we can offer to represent you on a contingency fee basis.  This means that you do not pay legal fees unless you win your case.

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