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Winter Is Coming and So Are the Hazards: Understanding the Unique Limitation Periods for Slip and Fall Claims in Ontario

As winter settles across Ontario, icy sidewalks, snowy parking lots, slushy driveways, and slippery steps will become a part of daily life. Unfortunately, winter conditions bring the ever-present risk of slips and falls and the resulting injuries. A slight loss of footing can result in a serious fracture or back injury requiring weeks or months of recovery. A slip and fall may be accidental; however, missing a crucial limitation does not need to be accidental as well. Ontario law sets strict deadlines for reporting and pursuing slip and fall claims. Missing these deadlines can mean losing your right to compensation, even if the property owner was clearly at fault. At Derfel Injury Lawyers, we help injured Ontarians understand their rights, meet notice requirements, and pursue fair compensation for injuries caused by unsafe winter conditions.

The Two-Year Limitation Period

Under Ontario’s Limitations Act, 2002, you generally have two years from the date of your slip and fall (or in exceptional cases from the date you first discovered your injury) to start a lawsuit. This means that if you slipped on January 1, 2024, you must issue a Statement of Claim by January 1, 2026. The two-year clock can start later if you didn’t immediately know you were injured or didn’t realize who was at fault, but courts apply this “discoverability” rule narrowly and in very exceptional cases. It is best not to have to rely on discoverability to extend the two-year limitation. If you miss the two-year limitation period, your claim may be statute-barred, even if you suffered significant injuries or the property owner was clearly negligent.

Shorter Notice Requirements for Injuries Caused on Certain Properties

1. Municipal Property – 10-Day Notice Rule

If your fall occurred on municipal property, such as a city sidewalk, public park, or municipal parking lot, you must provide written notice to the municipality within 10 days of the accident. Your notice must include the date, time, and location of the incident, and a brief description of what happened. Failure to give notice within 10 days can bar your claim. The courts have discretion to forgive late notice if you can show a reasonable excuse and that the municipality was not prejudiced. However, like discoverability, it is best not to be in a position where you are seeking the court’s forgiveness.

2. Private Property (Snow and Ice) – 60-Day Notice Rule

As of January 29, 2021, amendments to Ontario’s Occupiers’ Liability Act created a new 60-day notice requirement for slip and fall injuries caused by snow or ice on private property. You must provide written notice within 60 days to the property owner or occupier, and any independent snow removal contractor responsible for the premises. The notice must specify the date, time, and location of the incident. It is best to send notice immediately by registered mail or hand delivery to ensure proof of receipt.

Why These Deadlines Matter

The rationale behind these deadlines is simple: evidence disappears. Snow melts, ice is salted, and witnesses may forget important details. The law requires early notice so property owners and municipalities can investigate while the scene still reflects the conditions that caused the injury. From a practical standpoint, acting fast helps your lawyer:

1. Secure photos or video before weather or maintenance alters the scene.
2. Identify all responsible parties (e.g., snow contractors, property managers, municipalities).
3. Preserve compliance with statutory deadlines.

Exceptions and Special Circumstances

There are limited exceptions to these rules. Regardless, even in these cases, prompt legal advice is critical.

1. Minors: The two-year limitation period to issue a statement of claim does not begin to run until the injured person turns 18. However, the 10-day and 60-day notice periods still apply. If the notice periods are missed, the action may be barred, and the two limitations to issue a statement of claim may not matter.
2. Incapacity: If a person is mentally incapable of managing their affairs, the limitation clock may be suspended.
3. Reasonable excuse for late notice: Courts can allow late notice if you can show that you were unable to comply due to hospitalization or other valid reasons, and the defendant isn’t prejudiced.

If you’ve been involved in a winter slip and fall:

1. Seek medical attention immediately.
2. Report the accident to the property owner or municipality right away.
3. Take photographs of the hazard before it’s removed or melts.
4. Collect witness information if anyone saw the fall.
5. Preserve all medical and expense records.
6. Contact a personal injury lawyer quickly to ensure notices and limitation periods are met.

Sometimes you may not know that you have been injured or appreciate the extent of your injuries. It is best that you don’t wait to place a property owner or maintenance contractor on notice. By waiting, you could miss the limitation and forever be barred from seeking recovery. Best to provide notice. If your injuries improve and a claim is not necessary, then you do not have to pursue a claim. As the expression says, “It’s better to have it and not need it than to need it and not have it”.

At Derfel Injury Lawyers, we’ve seen too many cases where clients wait until spring to call. Unfortunately, by then, crucial evidence no longer exists and notice deadlines have passed. Don’t let your claim melt away with the snow.