AntoineAsphalt.caOntario's 60-Day Notice for Snow and Ice Injuries: A Property Manager's Guide
- Since January 29, 2021, a person injured by snow or ice on private property in Ontario generally can't sue the occupier or its snow contractor unless written notice is served within 60 days.
- The notice must state the date, time and location of the incident and be served in person or by registered mail.
- Whoever receives it must pass copies to the other occupiers and contractors.
- It's a notice rule, not immunity.
What changed
Ontario's Occupiers' Liability Act was amended by Bill 118. It received Royal Assent on December 8, 2020 and came into force on January 29, 2021.
Before the change, there was no notice period, only the two-year limitation period. That two-year limitation period still applies.
What the notice must contain and how it's served
The written notice must state the date, time and location of the incident.
It must be served in person or by registered mail.
Passing it on
The Act sets no deadline for passing a notice on. Industry groups such as the Canadian Condominium Institute advise doing it without delay.
- An occupier that receives a notice must serve copies on other occupiers and its snow contractor(s).
- A contractor that receives one must serve the occupier that hired it.
Exceptions
The 60-day rule is not a bar if the person dies.
A judge can allow a late or defective notice if there's a reasonable excuse and the defendant isn't prejudiced.
What it means for your records
The window is short, so service records and weather data must exist before a notice arrives. A good record shows:
- Site: Your property
- Event: e.g. snow, about 8 cm
- Arrival / departure: e.g. 4:40 a.m. / 6:15 a.m.
- Areas serviced: by zone, in priority order
- Material and amount: type and quantity
- Conditions: weather, air and pavement temperature
- Areas left untreated, and why: e.g. blocked by parked vehicle
- Return visits: refreeze checks
If a notice arrives
Follow these five steps.
- Note the date it arrived and how.
- Send copies to your snow contractor and any other occupier.
- Pull the service record and weather for that date.
- Tell your insurer.
- Get legal advice.
Frequently asked questions
Does the 60-day rule apply to public sidewalks?
This guide covers occupiers of private property and their contractors under the Occupiers' Liability Act. Claims involving municipal sidewalks follow different rules. Ask a lawyer about your situation.
Who has to pass the notice on?
An occupier that receives a notice must serve copies on other occupiers and its snow contractor(s). A contractor that receives one must serve the occupier that hired it. The Act sets no deadline, but industry groups advise doing it without delay.
Does the rule stop all claims after 60 days?
No. There is no bar if the person dies, and a judge can allow a late or defective notice if there's a reasonable excuse and the defendant isn't prejudiced. It's a notice rule, not immunity.
What records help most?
Service records and weather data made at the time: arrival and departure times, areas serviced, material and amount, conditions including pavement temperature, areas left untreated and why, and return visits.
Related
General information, not legal advice. Speak to a lawyer about any notice or claim.
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