Why ice-related slip-and-fall claims are different in Ontario

Ontario winters create predictable hazards: icy sidewalks, packed snow in parking lots, and slush at building entrances. When someone is injured, the legal analysis usually focuses on whether the “occupier” of the property took reasonable care to keep people reasonably safe. Under Ontario’s Occupiers’ Liability Act, occupiers include owners, tenants, property managers, and others who control the premises. They owe a duty to take such care as is reasonable in the circumstances to see that people entering the premises are reasonably safe.

Ice and snow claims are treated differently from many other injury claims because additional notice rules now apply. On private property (including many commercial sites, parking lots, and residential complexes), a specific written notice requirement has been added for injuries caused by snow and ice. For falls on municipal sidewalks and roadways, separate notice rules arise under the Municipal Act, 2001. These notice obligations operate alongside the general two-year limitation period that applies to most personal injury lawsuits in Ontario. 

Understanding how these timelines interact is critical. Missing an early notice deadline can create additional hurdles or, in some circumstances, prevent a claim from proceeding.

The legal framework: Occupiers’ liability and municipal responsibility

In most ice-related slip-and-fall cases on private property, the starting point is the Occupiers’ Liability Act. The occupier must take reasonable steps to maintain the premises, which may include timely clearing of snow, applying salt or sand, repairing drainage issues, and monitoring known trouble spots. The law does not require perfect safety or constant clearing, but it does expect a level of care that is reasonable given the nature of the property, the weather conditions, and the pattern of use.

Where the fall happens on a municipal sidewalk, roadway, or similar public area, the analysis often shifts to the Municipal Act, 2001. Municipalities have statutory responsibilities regarding the state of repair of roads and sidewalks, including snow and ice. They are also protected by specific notice requirements and defences. In practice, successful claims often turn on whether the municipality or occupier had a reasonable system for inspection, maintenance, and response to changing weather, and whether that system was followed on the day in question. 

If a private occupier hires a snow removal contractor, both the occupier and the contractor may be named as defendants. The contract between them, and their respective roles in inspection and maintenance, can be central to how liability is ultimately allocated.

Key deadlines: notice periods and limitation periods

Ontario law imposes several time-sensitive steps for slip-and-fall on ice claims. Missing them can significantly complicate your position.

For most personal injury lawsuits, including many slip-and-fall claims, the general limitation period is two years from the day you knew or ought to have known you had a claim. In straightforward cases, that often means two years from the accident date. 

However, in ice and snow cases there are additional notice requirements:

• Municipal property (sidewalks, roads, certain public walkways): If your fall took place on municipal property, the municipality typically must receive written notice of the claim within 10 days of the incident, with some exceptions where there is a reasonable excuse and no prejudice to the municipality.
• Private property (snow or ice-related): As of January 2021, the Occupiers’ Liability Act was amended (Bill 118) to add a specific rule: for personal injury claims caused by snow or ice on certain private premises, written notice of the claim including the date, time, and location must generally be served within 60 days on at least one of the occupier, the snow removal contractor, or (in certain tenancies) the landlord.

The legislation also provides that failure to give notice is not necessarily fatal if there is a reasonable excuse and no prejudice to the defendant, but this is not something to rely on. Courts will look closely at why notice was late and whether the delay affected the defendant’s ability to investigate.

These rules mean that even if you technically have up to two years to start a lawsuit, you may need to act within days or weeks to preserve your rights through proper notice.

What evidence matters most after a fall on ice

Evidence in an ice-related claim often becomes harder to obtain with each passing day. Snow melts, surfaces are salted, security footage is overwritten, and witnesses disappear. The strength of your claim will depend heavily on what can be reconstructed about the conditions at the time of the fall and how the property was being maintained.

Key issues typically include:

• Location and layout: Exactly where the fall occurred (for example, a sloped parking lot, entrance ramp, or sidewalk), any nearby drains or downspouts, and whether the area is a known trouble spot.
• Surface condition: Whether there was visible ice, black ice, snow accumulation, slush, or refrozen melt, and whether any salt, sand, or other traction material was present.
• Weather conditions: Recent snowfall or freezing rain, temperature swings, and any thaw–freeze cycles around the time of the incident.
• Maintenance practices: Whether there was a snow removal contract, what the agreed service levels were, when the area was last inspected or cleared, and whether there had been prior complaints.
• Footwear and conduct: What footwear you were wearing and what you were doing at the time. These details can be relevant to contributory negligence arguments but do not necessarily prevent a claim.

Medical evidence is also crucial. Emergency records, family physician notes, specialist reports, and rehabilitation records help document the nature and impact of your injuries over time.

Occupiers’ liability: how negligence is proven

To succeed in an occupier’s liability claim, you must generally show that the occupier failed to take reasonable care in the circumstances. The law does not require eliminating all risk of slipping in winter, but it does expect a meaningful and consistent system for inspection and maintenance, adapted to anticipated weather. 

Courts may consider whether the occupier had a snow and ice policy, whether it was realistic for the type of property, and whether it was followed on the day of the incident. Evidence such as log books, contractor records, and witness testimony about the condition of the property before and after the fall can all influence the outcome.

Your own actions may be examined as well. If you ignored visible hazards, used a closed route, or wore obviously unsuitable footwear, the occupier may argue contributory negligence. In that case, a court might still find the occupier partly responsible but reduce your damages in proportion to your share of fault.

Damages and insurance: what is potentially available

If liability is established, most damages are meant to compensate for actual losses rather than punish the occupier. In a slip-and-fall on ice case, potential heads of damage can include:

• Non-pecuniary damages (pain and suffering)
• Loss of income or reduced earning capacity
• Past and future medical, rehabilitation, and attendant care expenses
• Out-of-pocket costs (medication, devices, travel to treatment)
• Housekeeping or home maintenance losses
• Certain family claims under Ontario legislation, where applicable

These claims are typically advanced against the occupier’s liability insurer. The exact amounts, and which heads of damage are available, depend on the medical evidence, your employment history, your recovery, and how the injuries affect daily life.

A practical plan in the first days and weeks

Because evidence and timelines are so important in ice-related cases, the first weeks after a fall matter. A practical approach is to focus on health, documentation, and timely notice.

One actionable list to keep in mind:

• Get medical attention promptly and follow the treatment plan;
• Take photographs of the exact location, surface, lighting, and surrounding area as soon as possible;
• Identify witnesses and any nearby cameras or businesses that may hold video;
• Preserve your footwear and clothing and keep copies of any incident reports or correspondence;
• Seek legal advice quickly so that 10‑day municipal and 60‑day private-property notice periods can be assessed and, if necessary, met.

When to seek legal advice

Dealing with overlapping limitation periods, notice rules, and evidentiary issues can be difficult, especially while recovering from injury. An early legal review can help identify which laws apply, preserve critical deadlines, and request records before they are lost or destroyed. This article provides general information only and is not legal advice.

Slipped and fell on ice or snow in Ontario? Our Personal Injury team can review what happened, advise you about notice and limitation periods, and help you understand your options under Ontario’s occupiers’ liability laws.

Frequently asked questions: slip-and-fall on ice in Ontario

How long do I have to sue after a slip-and-fall on ice in Ontario?

In many cases, you have up to two years from the accident date to start a lawsuit, but shorter notice periods of 10 days (municipal property) or 60 days (certain private property ice/snow claims) may apply and should be evaluated promptly. 

Do I always need to give 60 days’ written notice?

The 60‑day written notice requirement applies specifically to certain claims for personal injury caused by snow or ice on private property, and notice must be served on at least one of the parties listed in the legislation. There are limited exceptions where there is a reasonable excuse and no prejudice, but it is safer to assume the requirement applies until you have legal advice. 

What if my fall was on a municipal sidewalk?

If the fall occurred on municipal property, the municipality generally must receive written notice within 10 days of the incident, again with some exceptions for reasonable excuse and lack of prejudice. Municipal standards for road and sidewalk maintenance will also be part of the analysis. 

What if I did not take photos at the time?

Photos taken later can still be useful, and other evidence (witness statements, maintenance records, weather data, and medical documentation) can help reconstruct conditions. However, it is usually easier to establish what happened if photos or video are obtained close to the time of the fall.

Will wearing the “wrong” footwear ruin my claim?

Footwear is relevant but not decisive. The occupier’s duty to take reasonable care remains. If a court finds your footwear contributed to the risk, it may reduce your damages for contributory negligence rather than eliminating your claim altogether.