For those who have sustained an injury in a slip and fall incident, there are new time constraints regarding the slip and fall limitation period in Ontario to take into consideration.
Bill 118 amends the Occupier’s Liability Act, affecting the general public, owners of business establishments, property owners, and others who are required to uphold a duty of care to those who frequent these areas.
The Bill, effective December 2020, imposes a mandate upon those who suffer from slip and fall incidents caused by snow and ice. To pursue a claim for the recovery of damages for personal injury, victims must provide notice of their claim to occupiers within 60 days from the date of loss.
Additionally, when an occupier receives the appropriate notice from a slip and fall victim, the amendment now requires the occupier to immediately inform contractors, who may have been responsible for the maintenance of snow and ice on the premises.
Essentially, if a victim fails to provide notice within 60 days of the incident, they could prejudice their right to sue, and pursue damages. Under those circumstances, the only way a victim can preserve their right to sue is if the judge finds that there is “reasonable excuse for the want or the insufficiency of the notice, and that the defendant is not prejudiced in its defence.”
Prior to this change, there was no legislated notice requirement under Occupier’s Liability Act. This means that an injured slip and fall victim must act quickly to identify the appropriate occupier and fulfill the notice requirement, or else they may prejudice their rights to bring a civil claim against the occupier.
As such, it’s more important than ever to seek appropriate care and guidance following a slip and fall incident, including a medical diagnosis, and of course, legal advice from an experienced lawyer. Get in touch with one of our slip and fall lawyers from Gosai Law at (905) 595-2225 or info@gosailaw.com.
