Jan 02, 2026 in News Legal News

Legal News: Sidewalk Snow & Ice Claims: Beating Short Notice Windows with Smart Evidence Collection

Ontario winters create a perfect storm of snow, freezing rain, slush, and black ice — and every year, thousands of people are injured on sidewalks, walkways, and building entrances that weren’t properly maintained. What many people don’t realize is that even if your injuries are serious and the hazardous condition was obvious, your claim can still fail on a technicality if you miss Ontario’s 10-day or 60-day notice deadlines.

This is why anyone injured in a winter slip-and-fall must act quickly — not only to get medical help, but also to gather the kind of evidence that a skilled personal injury lawyer relies on to build a strong case.

This guide walks you through Ontario’s strict notice rules, what to document immediately, and how smart evidence collection can help protect your rights.

Ontario’s Strict 10-Day and 60-Day Notice Rules

10-Day Notice for Municipal Sidewalks

If your fall happened on a city-maintained sidewalk or roadway, the Municipal Act requires that you give the municipality written notice within 10 days. Many people lose valid claims simply because they didn’t know this rule existed. A delay can allow the municipality to argue that it didn’t have a fair chance to investigate.

60-Day Notice for Private Property

Under the updated Occupiers’ Liability Act, anyone injured due to ice or snow on private property must serve written notice within 60 days to:

• The property owner or landlord
• The property manager
• Or the snow-removal contractor

This applies to slips on commercial plazas, parking lots, private sidewalks, condos, apartment buildings, and business entrances.

These notice rules are strict — but they’re manageable if you act fast and gather solid evidence early.

Smart Evidence Collection: What to Document Immediately

Strong evidence is often what separates a dismissed claim from a successful one. If you’re physically able, try to document as much as possible at the scene. If you’re not able, ask a friend, family member, or bystander for help.

1. Photograph the Scene Thoroughly

Take wide shots and close-ups of:

• Icy patches, black ice, slush, or snow buildup
• Lack of salting or sanding
• Poor lighting
• Nearby downspouts, drainage issues, or melting/refreezing signs

2. Get Witness Information

Witnesses can confirm:

• That conditions were slippery
• That no salt was present
• That you fell due to a hazardous surface

Even one independent witness can significantly strengthen your claim.

3. Preserve What You Were Wearing

Your footwear can help show:

• Tread pattern
• Whether your shoes were appropriate
• How slippery the surface was regardless of footwear choice

Experienced personal injury lawyers in Toronto often request footwear photos early in an investigation.

4. Capture Weather and Maintenance Clues

Take photos of:

• Snowbanks
• Uncleared walkways
• Fresh snowfall
• Melt-and-freeze patterns

These images help recreate the timeline later.

5. Seek Medical Care and Document Your Injuries

Medical records create a link between the fall and your injuries — a critical element in any personal injury case.

Serving Notice: Do It Fast and Keep Proof

Once you’ve gathered your evidence:

• Municipal sidewalk? Notice must be served within 10 days.
• Private property? Notice must be served within 60 days.

Send notice via registered mail or hand-delivery to ensure there’s proof. A seasoned personal injury lawyer will typically handle this step to prevent mistakes.

Why Early Evidence Matters

Winter conditions change fast. Within hours of your fall, the hazard may:

• Be salted
• Be shovelled
• Melt
• Be covered by new snowfall

Without early photos, the defendant can easily argue that the hazard never existed.

This is one of the biggest reasons people contact personal injury lawyers immediately after a winter slip-and-fall — time is your biggest enemy.

When to Contact a Lawyer

If you’ve been injured, do not wait. Early involvement from a personal injury lawyer can:

• Ensure your notice is served correctly
• Secure evidence before it disappears
• Contact snow-removal contractors and property owners
• Guide you through your rights
• Protect your claim from technical errors

Most importantly, working with experienced personal injury lawyers in Toronto means you have professionals familiar with winter hazard cases and Ontario’s legal timelines supporting you from day one.

Conclusion

Sidewalk snow and ice accidents can happen in an instant — but your legal time limits begin just as quickly. Ontario’s 10-day and 60-day notice requirements are unforgiving, making fast action essential. The more promptly you collect evidence, seek medical help, and contact a personal injury lawyer, the better your chances of preserving your claim.

Don’t let a technical deadline erase your right to compensation. Smart evidence collection and timely notice can make all the difference.