Slip and Fall – Your Delay Can Cost You Thousands

The Laws have changed, resulting in you losing out on any compensation when you are Hurt.

Essential update for slip and fall victims- you now only have 60 days to notify the Defendant!

Just in time for the winter months when slips and falls are at their highest, the Ontario Government has passed legislation that makes it much more critical that slip and fall victims act quickly. They must consult a lawyer if they are hurt due to someone else’s failure to remove snow or ice.

Bill 118, the Occupiers’ Liability Amendment Act, 2020, received royal assent in the Ontario legislature on December 8, 2020. It states that “no action shall be brought for the recovery of damages for personal injury caused by snow or ice against an occupier or an independent contractor employed by the occupier to remove snow or ice, unless, within 60 days after the occurrence of the injury, written notice of the claim is served”.

Previously, while municipalities had to be notified of a claim for a slip and fall (or any other claim in negligence for that matter) within ten days of the accident, other entities, like Condo Corporations, were only subject to the two year limitations period that is imposed on further actions. This legislation significantly cuts down the amount of time a victim of a slip and fall has to act.

While the bill does say that exceptions can be made if a judge is convinced that there is a “reasonable excuse” for the delay in notifying the Defendant, there is no telling what that might look like in practice. We could see people with significant injuries and viable claims barred from bringing their actions because of this legislation. This is unfortunate and yet another weapon in big corporations’ arsenal at the expense of ordinary injured persons.

The best way to protect yourself and your loved ones are to share posts like this to help ensure everyone is aware of the new deadlines under which a claim must be brought if they are unlucky enough to hurt themselves in a slip and fall this winter.

Contact Millars Law when you can’t afford to lose.

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L.Gen Whelan Statement of Claim

Here is the Certified Copy of the Statement of Claim filed with the Court on May 21 2024 in the above named file. As per R. 133 the Registry has served a copy of the Notice of Application on the Attorney General of Canada on your behalf.