What to Do if You Slip and Fall on Ice in Ontario

Slipping and falling on ice is something many Ontarians have experienced or will experience during our long winters. This can happen while walking almost anywhere outside, such as on sidewalks, in parking lots, or on outdoor stairs leading up to a rental unit. Occasionally, these accidents can lead to serious injuries that can affect your work, health, and everyday life. If you unfortunately fall victim to one of these falls, and if you think someone else’s negligence, such as a property owner or a municipality, caused your fall by not maintaining the walking surface properly, there are important legal deadlines you need to know about before you can make a claim.

If this has happened to you, follow the steps outlined below.

Step 1: Know the Notice Rules

In 2020, the Ontario government imposed new requirements on victims of slips and falls on ice, which must be followed before a claim can be brought. The most important of these requirements are the new notice rules.

If your fall happened on private property (like a store parking lot or apartment walkway), Ontario law requires you to send a written notice within 60 days of the accident. This notice should include:

• The date and time of your fall
• Where it happened
• A short description of what occurred
• A couple sentences notifying that occupier of the intent to bring a claim for damages resulting from the fall

You need to send this notice to the property owner or occupier, and sometimes also to the snow removal company if one was involved. Therefore, it is important to determine early on who the occupier of the property is, and who else was involved in maintaining the walking surface. This notice can be in the form of a letter.

If your fall happened on municipal property (like a city sidewalk), the timeline is much shorter: you must give written notice to the municipality within 10 days of the accident. It can sometimes be hard to determine if the fall occurred on municipal or private property. This is why sending your notice as soon as possible is always the most careful way to ensure you do not miss the notice deadline

Missing these deadlines can hurt your chances of being able to sue, so acting quickly is critical. It is important to note that, if the person who fell is a family member who tragically died as a result of the fall, the notice requirement is waived completely.

Step 2: Keep the Limitation Period in Mind

Even if you meet the notice requirements, you must also start your lawsuit within two years of the accident. This is called the “limitation period.” The limitation period exists for virtually all slip and fall claims, and after two years, your right to sue usually expires. Therefore, it is important to note that giving notice of your accident to the occupier of the property, while important, does not automatically start your lawsuit: you still have to file and serve a statement of claim to officially begin your action.

Step 3: Gather Evidence Early

Right after the fall, if you’re able, try to:

• Take photos of the icy area where you fell
• Get the names and contact information of any witnesses
• Keep copies of medical records, accident reports, or correspondence with property owners

This evidence can make a big difference in proving your case. It is also important to document any absences from work as a result of your injuries, as this may go to the issue of how much you are potentially entitled to from the negligent occupier.

Step 4: Speak to a Lawyer

Slip-and-fall cases can be complicated, especially when multiple parties (like landlords, property managers, or snow removal companies) are involved. A lawyer can:

• Make sure your notice is sent to the right people on time
• Help gather and preserve evidence
• Advise you on your chances of success
• File your lawsuit before the deadline

If you’ve been hurt in a slip and fall on ice, time is not on your side. You may have as little as 10 days to act, and no more than two years to file a lawsuit. The best thing you can do is seek legal advice as soon as possible to ensure your rights are protected. At Brown Beattie O’Donovan, we have an experienced team of litigators who are happy to help you navigate through the complex web of legal requirements and ensure that you can receive compensation for your injuries. If you become one of the many who unfortunately slip and fall on ice in Ontario this winter, please give us a call and we will be there to assist you.