OTTAWA – If you slip and fall on icy steps, sidewalks, alleys, or property, the law in Ontario is about to change.
You have to notify the occupier much faster.
David Hollingsworth, personal injury attorney and founder of Ottawa Injury, tells CTV News Ottawa that the two-year window will be changed to two months.
“There used to be no formal written notice of termination. It was a one-stop process that could only be sued for the two-year anniversary,” said Hollingsworth.
“You must now give written notice within 60 days of the incident.”
Ontario’s Bill 118, the Bill Amending Occupiers Liability Act, was recently passed and is being implemented every day.
“For a slip and fall on private property due to ice and snow, you must provide the owner / user with written notice of the fall, the time, the date and the exact location within 60 days of the incident through personal service or by registered mail. ”
An incident on communal land must be reported within ten days.
“For a slip and fall on municipal property, you must notify the city of the fall, time, date and location in writing by mail to the town clerk or by registered mail within 10 days of the incident.”
Neither timeline applies if the fall leads to death.
“If the person dies from the injuries and the court in reasonable circumstances, in its sole discretion, can forgive the late notification. The time limit for filing a lawsuit in court is two years from the date of the fall.”
When a fall on private property occurs
Hollingsworth says when a fall on private property occurs you must determine:
The rightful owner of the property
Is there a tenant who is responsible for maintenance?
Inquire if there is a property manager and a snow plow.
You should make sure everyone is informed of a claim.
“You should take a picture of the place right away (if possible) and save your shoes,” Hollingsworth said.
Hollingsworth adds: “Even in bad weather, owners and users have to keep the premises in a reasonably safe condition at all times!”
If you have a legal question for an attorney, send it to david [email protected]
If selected, your question can be answered on the CTV news at noon.