Nov 24, 2025 in News Legal News

Legal News: Ontario’s 60-Day Notice Rule for Winter Slip-and-Falls (2025/26): What Injured People Must Do Next

Why Bill 118 Makes Every Day Critical in Your Ontario Slip and Fall Case

Winter in Ontario is more than just snow days and outdoor rinks—it's also slip-and-fall season. Every year, thousands of people are seriously injured on icy sidewalks, parking lots, and walkways, leading to fractures, head trauma, and long-term disability.

If you’re reading this, chances are you or someone you care about has suffered an injury. You might be focused on recovery, but in Ontario, the legal clock is ticking. For any slip or fall caused by snow or ice on private property, the law demands swift action.

For the 2025/2026 winter season and beyond, it is absolutely essential to understand Ontario’s mandatory 60-Day Notice Rule. Miss this window, and you may lose your right to pursue compensation, regardless of how severe your injuries are.

Here is what you need to know, straight from experienced personal injury lawyers in the heart of the Canadian legal landscape.

The Critical Clock: Why 60 Days is Now the Rule, Not the Exception

Before 2021, if you slipped on someone’s icy private property (like a store's parking lot or a condo sidewalk), you typically had up to two years to officially start a lawsuit, which is the standard limitation period under Ontario’s law.

However, the introduction of Bill 118, Occupiers’ Liability Amendment Act, 2020, fundamentally changed the game for injuries specifically caused by snow or ice. This legislation established a new, highly restrictive notice period.

The law is clear: No action can be brought for damages resulting from personal injury caused by snow or ice unless, within 60 days of the injury, written notice of the claim has been delivered to the proper parties.

Who Needs the Notice?

Unlike the previous 10-day rule that applied only to municipalities, this new 60-day rule applies to:

• The Occupier: The person or entity in control of the property (e.g., a commercial landlord, a business owner, a property management company).
• The Contractor: Any independent contractor employed by the occupier to remove snow or ice during the relevant period.
  
  

This change was brought in largely to protect snow removal contractors and property owners by ensuring they receive timely notice. Sixty days allows the defendant to investigate the incident right away, review salt logs, and check their surveillance footage before the evidence is gone or memories fade. While this is good for defendants, it places a significant burden on the injured party.

Your Immediate Checklist After a Winter Fall

Falling on ice is jarring, painful, and often embarrassing. Your focus should be on your health first, but the need to document the incident is paramount to protecting your legal rights.

Step 1: Prioritize Medical Attention and Documentation

If you are injured, the very first thing you must do is seek appropriate medical attention. This is not just for your health; it is the cornerstone of any future claim. Without medical proof that the fall caused specific, documented injuries, a legal case is dead in the water.

Take heed of the essential advice our team outlines in detail: What to Do Immediately After a Slip and Fall Accident. Documenting your injuries, diagnosis, and treatment plan creates the necessary paper trail.

Step 2: Capture the Scene

You need evidence of negligence. This includes:

• Photos/Videos: Take clear pictures of the exact location where you fell. Show the icy patch, the lack of salt or sand, or any other visible hazard that contributed to the fall. Capture the surrounding area to establish context.
• Weather: Note the date, time, and specific weather conditions (was it actively snowing? did temperatures fluctuate?).
• Witnesses: Get the names and contact information of anyone who saw you fall or can attest to the condition of the walkway.

The Formal 60-Day Notice: The Legal Lifeline

If you have suffered more than minor bruising, the next step must be executed with extreme urgency and precision. This is where retaining expert slip trip fall accident lawyers becomes essential.

What the Notice Must Include

The written notice must be detailed and accurate, including:

• The Date of the injury.
• The Time of the injury.
• The specific Location of the occurrence.
  
  

How to Serve the Notice

The law specifies that the notice must be personally served or sent by registered mail to at least one of the potential defendants (the occupier or the snow removal contractor).

Do not simply send an email or leave a voicemail. Do not rely on casual conversation with an employee. This is a formal legal requirement. The failure to use personal service or registered mail could be enough to nullify your notice, barring your claim entirely.

An experienced lawyer knows how to properly identify all potential liable parties (which often requires time-consuming title searches or registered business checks) and ensures the notice is served correctly to meet this strict deadline. As we often advise clients who are preparing for slip-and-fall season, advice from an experienced slip-and-fall lawyer is always to act early.

The Legal Basis: A Closer Look at Ontario’s Occupiers' Liability Act

For clarity, the 60-day rule is contained within Section 6.1 of the Occupiers’ Liability Act.

The Narrow "Escape" Clause

You might hear lawyers mention the "reasonable excuse" clause. Section 6.1(6) states that failure to give notice is not an absolute bar to the action if a judge finds that:

• There was a reasonable excuse for the lack of or insufficient notice; and
• The defendant was not prejudiced in its defence.
  
  

In short, "reasonable excuse" means you were probably incapacitated or dealing with a crisis that made it physically or mentally impossible to provide notice. Being busy, forgetting, or not knowing about the law typically does not qualify. Courts tend to interpret these exceptions strictly, making it a difficult hurdle to clear.

Your Next Best Move: Contacting the Right Legal Team

The window to act is tiny, and the legal requirements are rigid. If you have been injured in an Ontario winter fall on snow or ice, you cannot afford to wait for your injuries to heal or the weather to warm up.

Consulting slip trip fall accident lawyers immediately is the single most important step you can take after ensuring your immediate safety and health. The team at Neinstein has the experience and resources required to quickly:

• Investigate the scene (before conditions change).
• Identify all potential defendants (occupiers and contractors).
• Draft and serve the 60-day notice correctly and on time.
• Build a robust case for long-term compensation.
  
  

Don't let a tight, technical deadline bar you from seeking the justice and compensation you deserve to cover medical expenses, lost wages, and pain and suffering.

Contact Neinstein Personal Injury Lawyers today for a confidential consultation.