The provincial government recently passed amendments to impose new time limits for slip and fall claims. For many years anyone injured in an accident caused by the condition of a municipal road or sidewalk has been required to give written notice to the municipality within 10 days of the incident, or the right to claim will be lost.
The new amendments also require that any person who slips and falls as a result of snow or ice on property (other than municipal roads or sidewalks) MUST give written notice of the incident to the “occupier” of the property and/or any contractor responsible for maintenance of the property within 60 days of the incident. Failure to do so will mean that the right to seek compensation for injury suffered in the fall will be lost. This means that anyone injured in a slip and fall accident due to snow or ice should seek legal advice immediately in order to ensure his or her rights are protected.
The new amendment is found in section 6.1 of the Occupiers Liability Act. The notice requirement does not apply if the victim dies as a result of the incident. The court does have power to grant exceptions but only in limited circumstances.
An “occupier” is defined as anyone in possession or control of a property. It could include a registered owner, tenant, management company or others. There can be more than one occupier of a property. An occupier who receives notice of a claim must in turn give notice to any other occupier or contractor responsible for maintenance of the property.
The takeaway is that now more than ever, it is critical to seek legal advice immediately if you are injured due to a dangerous condition on a road, sidewalk or any other property.