Ontario legal information · Sources appear with each important rule
Start with control of the property—not just its street address
Ontario’s Occupiers’ Liability Act requires an occupier to take reasonable care in the circumstances to see that people entering the premises are reasonably safe.1 An occupier can be a person in possession of the property or a person with responsibility and control over its condition.
There may be more than one relevant party: an owner, tenant, property manager, maintenance company or snow-removal contractor. A public road or sidewalk can engage a different statutory framework.
Preserve what can disappear
Snow can be cleared, a spill can be cleaned and a broken handrail can be repaired. Record the precise location and condition as soon as reasonably possible. Ask that any incident report and available surveillance be preserved.
Wide and close photographs, measurements and lighting
Weather, footwear, warnings and visibility
Witnesses, staff and anyone notified
Incident reports, maintenance logs and video
Snow, ice and municipal claims can have early notice requirements
Section 6.1 of the Occupiers’ Liability Act generally requires written notice within 60 days where an injury is caused by snow or ice. The notice must include the date, time and location, and a court may consider reasonable excuse and prejudice if notice was late or incomplete.1
Claims involving a City road or sidewalk can engage the Municipal Act, 2001. The City of Ottawa advises people to submit written claims within 10 days so they do not fall outside a possible notice period.23
The file should connect the fall to the change in daily life
Medical records should document the symptoms, diagnosis, treatment and prognosis. The claim may also require evidence of time away from work, help provided by family, mobility limits and expenses.
Ontario’s basic limitation period is generally two years from discovery, but discoverability and statutory exceptions are fact-specific.4 The shorter notice rules should be addressed first.
How a personal injury lawyer may use this information.
General information explains the framework. Legal advice should connect that framework to the event, the people and insurers involved, the available records and the deadlines in the individual claim.
- Identify who may be responsible and which policies or benefits may respond.
- Build the medical, functional, financial and event evidence around disputed issues.
- Protect notices and deadlines and explain the available next steps.
Sources and legal references
The numbered footnotes link to the official sources used on this page.
View 4 sources
- Ontario — Occupiers’ Liability Act
The duty of occupiers and the 60-day notice framework for injuries caused by snow or ice.
Back to footnote ↑ - Ontario — Municipal Act, 2001
Municipal highway maintenance and notice provisions, including section 44.
Back to footnote ↑ - City of Ottawa — Filing a claim with the City
Ottawa’s submission process and its direction to provide notice within 10 days.
Back to footnote ↑ - Ontario — Limitations Act, 2002
The basic limitation period and discoverability framework.
Back to footnote ↑