Don't Wait for the Thaw: Understanding the 60-Day Slip and Fall Rule in Ontario

In Ontario, winter isn’t just a season; it’s a liability minefield. From the slushy sidewalks of Toronto to the icy parking lots of Ottawa, slip and fall accidents are among the leading causes of traumatic brain injuries and orthopedic fractures. However, many victims wait until they are fully healed to seek legal advice, only to discover that their right to sue has already expired.

The 60-Day Countdown: Bill 118 Explained

In December 2020, the Ontario government passed an amendment to the Occupiers’ Liability Act that fundamentally changed the landscape for slip and fall victims. Previously, you generally had two years to file a claim. Now, if your fall was caused by snow or ice, you must provide formal written notice to the occupier or the snow removal company within 60 days of the incident.

This notice is not a casual email or a phone call to a store manager. It must be a specific legal document served personally or via registered mail, outlining the date, time, and exact location of the fall. Failure to meet this 60-day deadline is usually fatal to your case.

Why the Rule Exists (and Why It’s Unfair)

The 60-day rule was lobbied for by insurance companies and snow removal contractors. Their argument was that they needed “timely notice” to preserve evidence, such as weather logs and surveillance footage. In reality, this rule acts as a “trap” for victims who are too injured to think about legal paperwork in the weeks following a surgery or a concussion.

The “Reasonable Excuse” Exception: A High Bar

The law does allow for an exception if the victim has a “reasonable excuse” for the delay and the defendant is not “prejudiced” by it. However, Ontario courts have set an incredibly high bar for what constitutes a reasonable excuse. Being in pain, being unaware of the law, or being distracted by medical appointments is often deemed “insufficient” by judges. This is why immediate action is the only way to guarantee your rights are protected.

Preserving Evidence Before It Melts

In a slip and fall case, evidence is ephemeral. That patch of black ice will be gone by noon. The surveillance footage in the parking lot might be overwritten in seven days. By contacting Diamond and Diamond immediately, we can deploy investigators to:

1. Document the site conditions before they change.

2. Identify the correct “occupier” (often a complex web of landlords, tenants, and sub-contractors).

3. Secure witness statements while memories are fresh.

4. Serve the 60-day notice with technical precision.

Injured in a Slip and Fall?

When you’ve been injured, the property owner’s insurance company will immediately look for ways to blame you. They will check if you were wearing “proper footwear” or if you were “distracted by your phone.” At Diamond and Diamond, we push back. We know the tactics they use to avoid responsibility and we have the resources to hold them accountable. 

If you or someone you know has been injured in a slip and fall accident, don’t wait for the ice to melt. Time is of the essence. Contact the experienced personal injury lawyers at Diamond and Diamond. We offer a free, no-obligation consultation to help you understand your rights and the next steps in your claim. Call us at 1-800-567-HURT or use our online contact form to get started today.