Bill 118 received royal assent on December 8th, 2020, changing the Notice requirements for slip and fall claims as the result of ice or snow.
Under the new legislation, everyone who intends to bring a claim for damages resulting from a personal injury caused by snow or ice must give 60 days’ notice. This law is applicable to non-municipal owners or contractors of the property. The notice on municipal properties remains 10 days.
The notice will have to contain information as to the date, time and location of the incident. The notice will need to be served personally (or sent by registered mail) to the “occupier” or to the contractor employed by the occupier to remove snow or ice on the premises.
What Are The Exceptions To The Law?
The first exception is applicable to incidents involving death. The second exception involves a “reasonable excuse”. It is up to the court to decide on what constitutes a “reasonable excuse”, but the plaintiff will have to prove that the defendants are not prejudiced in its ability to investigate and defend the claim. Not knowing the law will not constitute a “reasonable excuse”. Hospitalization may constitute a “reasonable excuse”. The law has not come into force, and we are expecting an update from the Government of Ontario.
