Slip and fall claims in Ontario: who pays and your deadlines

A fall on an icy driveway, a wet grocery store floor or a broken city sidewalk can mean fractures, a head injury or months off work. In Ontario, whether you can claim compensation, and from whom, depends mostly on one thing: where you fell. The location decides which law applies, how much you have to prove and, most urgently, which deadline is already running. Some of those deadlines are counted in days, not years. This guide explains who is responsible, the notice rules, how fault is shared and what to collect while the evidence still exists.

Who is responsible depends on where you fell

Private and commercial property

Stores, malls, restaurants, office towers, condominium common areas and private homes are governed by the Occupiers' Liability Act. An occupier must take the care that is reasonable in all the circumstances to see that people entering the premises are reasonably safe (Occupiers' Liability Act, s. 3(1)). The duty covers both the condition of the property, such as a torn carpet or a missing handrail, and activities on it, such as mopping without a warning sign (s. 3(2)).

An "occupier" is not only the owner. It includes anyone in physical possession of the premises or with responsibility for and control over their condition, and there can be more than one occupier of the same place (s. 1). A mall owner, the store that leases a unit and a property manager may all be occupiers of the same entrance.

"Reasonable care" does not mean perfect care. The question is whether the occupier had a sensible system for inspecting, cleaning, salting and repairing, and whether it followed that system. Local habit is no excuse. In Waldick v. Malcolm, [1991] 2 S.C.R. 456, the Supreme Court of Canada held that rural homeowners who left their icy parking area unsalted breached the Act, even though they argued that people in the area commonly did the same. A custom that is unreasonable in itself does not make the conduct reasonable.

Rental buildings and landlords

Where a landlord is responsible for maintenance or repair under the tenancy, the landlord owes visitors the same duty as an occupier for dangers that arise from failing to carry out that responsibility (Occupiers' Liability Act, s. 8(1)). In an apartment building, that usually puts the landlord, and often its property manager, in the frame for falls in hallways, stairwells, parking lots and walkways.

Snow-removal and maintenance contractors

Many properties hire contractors to plough, salt or clean. An occupier who acted reasonably in choosing a competent contractor and checking the work is not automatically liable for the contractor's negligence (Occupiers' Liability Act, s. 6(1)). That is why a properly framed claim often names both the occupier and the contractor.

City sidewalks and roads

The Occupiers' Liability Act does not apply to a municipality as occupier of a public highway or road (s. 10(2)). Falls on municipal sidewalks and roads fall instead under the municipality's duty to keep a highway in a state of repair that is reasonable in the circumstances (Municipal Act, 2001, s. 44(1)). A municipality that fails to do so is liable for the resulting damages (s. 44(2)). Toronto has its own, almost identical provision (City of Toronto Act, 2006, s. 42).

A fall inside a city-run building, such as a community centre, library or arena parking lot, is generally treated like any other premises under the Occupiers' Liability Act. Your lawyer will confirm which regime applies, because it changes the deadlines.

Suing a municipality: the gross negligence rule and minimum standards

Claims against a city are harder than claims against a business, for three reasons set out in the statute.

1. Snow and ice on sidewalks require gross negligence. Except in a case of gross negligence, a municipality is not liable for a personal injury caused by snow or ice on a sidewalk (Municipal Act, 2001, s. 44(9); City of Toronto Act, 2006, s. 42(5)). Ordinary carelessness is not enough. You need to show a marked departure from what a reasonable municipality would do.
2. The city has statutory defences. It is not liable if it did not know and could not reasonably have known about the problem, if it took reasonable steps to prevent it, or if it met the applicable minimum maintenance standards (Municipal Act, 2001, s. 44(3)).
3. The minimum standards are specific. The province's Minimum Maintenance Standards for Municipal Highways (O. Reg. 239/02) set measurable targets. Toronto has a parallel regulation (O. Reg. 612/06).

Some of the sidewalk standards in O. Reg. 239/02 that come up most often:

• Snow: once snow stops accumulating, the standard is to reduce it to a depth of 8 cm or less within 48 hours and provide a cleared width of at least 1 metre. Snow 8 cm deep or less is deemed to be in a state of repair (s. 16.3).
• Ice: the standard is to treat an icy sidewalk within 48 hours after the municipality becomes aware of it, and a treated sidewalk is deemed in repair for 48 hours afterwards (s. 16.5(3)).
• Trip hazards: a vertical lip at a joint or crack of 2 cm or less is deemed to be in a state of repair. Above 2 cm, the standard is to treat it within 14 days after the municipality has actual knowledge of it. Sidewalks are to be inspected once a year (s. 16.1).

In practice, this means a claim against a city turns on its records: patrol logs, weather monitoring, salting and ploughing records, inspection reports and earlier complaints about the same spot. Your lawyer will ask for them early, before they are archived.

The deadlines: 10 days, 60 days and 2 years

Most people know there is a two-year limit to sue. Fewer know about the short written notice periods that come first. Missing them can end a claim before it starts.

10-day notice to a municipality

For a claim over a municipal road or sidewalk, written notice of the claim and the injury, including the date, time and location of the fall, must be served on or sent by registered mail to the municipal clerk within 10 days (Municipal Act, 2001, s. 44(10)). In Toronto, it goes to the city clerk (City of Toronto Act, 2006, s. 42(6)). This applies whatever caused the fall: ice, a pothole or a heaved slab.

60-day notice for snow and ice

Since a 2020 amendment, no action can be brought for personal injury caused by snow or ice against an occupier or its snow-removal contractor unless written notice, including the date, time and location, is personally served or sent by registered mail to at least one of them within 60 days (Occupiers' Liability Act, s. 6.1(1)-(2)). Notice to one is effective against the others (s. 6.1(7)), and the person who receives it must pass it on (s. 6.1(3)-(4)). The 60-day rule applies only to snow and ice. A fall on a spilled drink in a store is not covered by it, but the two-year limit still applies.

If you missed a notice deadline

Both notice rules have the same two exceptions. Notice is not required if the injured person died as a result of the injury, and a judge can excuse late or inadequate notice if there is a reasonable excuse and the defendant is not prejudiced in its defence (Municipal Act, 2001, s. 44(11)-(12); Occupiers' Liability Act, s. 6.1(5)-(6)). Whether an excuse is accepted depends on the facts. Do not plan on it. If you are past the deadline, speak to a lawyer anyway and quickly.

Two years to sue

A lawsuit must be started within two years of the day the claim was discovered (Limitations Act, 2002, s. 4). In a fall case, that is almost always the day of the fall, because you are presumed to know the key facts on the day it happened unless the contrary is proved (s. 5(2)). The clock does not run while the injured person is a minor or is incapable of starting a claim and has no litigation guardian (ss. 6-7).

What a notice letter should contain

• Your full name and contact information.
• The date and approximate time of the fall.
• The exact location: address, entrance, aisle, or the nearest house number and side of the street.
• A short description of the hazard (for example, "untreated ice on the walkway at the north entrance").
• A statement that you were injured and intend to claim damages, with a brief description of the injury.

Send it by registered mail or have it personally served, and keep proof. If you are unsure who the occupier or contractor is, notify every likely party.

Shared fault: when you are partly responsible

Being partly at fault does not end a claim. It reduces it. Where the injured person's own negligence contributed to the damages, the court apportions them by degree of fault (Negligence Act, s. 3). The Negligence Act applies to occupiers' liability claims (Occupiers' Liability Act, s. 9(3)), and a municipality's liability is also subject to it (Municipal Act, 2001, s. 44(2)).

Defendants commonly argue that the injured person:

• wore unsuitable footwear for the conditions;
• was looking at a phone or carrying something that blocked their view;
• walked past a warning sign, a cone or a cleared alternative route;
• knew about the hazard because they had used the same path many times.

Some situations also carry a lower duty. A person who enters certain premises, such as farmland, vacant or wooded land, marked private roads or marked recreational trails, without permission or for free recreation, is deemed to have accepted the risks. The occupier then only has to avoid deliberately creating a danger or acting with reckless disregard of the person's presence (Occupiers' Liability Act, s. 4(1), (3)-(4)).

Evidence to gather now

Ice melts, floors are mopped and video is overwritten. The first days matter more than anything that comes later.

1. Photographs and video of the exact spot, from several distances, ideally with something in the frame for scale. Photograph the lighting, any signs (or lack of them) and the weather.
2. Your footwear. Keep the shoes or boots you were wearing, unwashed.
3. An incident report. If you fell in a store or building, ask staff to write one and ask for a copy, or at least the name of the person who took it.
4. Witnesses. Names and phone numbers of anyone who saw the fall or the hazard.
5. A request to keep video. Ask the business or building in writing to preserve security footage. Many systems overwrite within days or weeks.
6. Weather records for the date, including recent freezing rain or thaw.
7. Medical records. See a doctor the same day if you can, and describe how you were hurt. Gaps in treatment are used to argue the injury was minor.
8. A diary of pain, missed work, appointments and things you cannot do.

What compensation can cover

A successful claim seeks to put you, as far as money can, in the position you would have been in without the fall. Depending on the evidence, it can include:

• pain, suffering and loss of enjoyment of life;
• past and future loss of income or earning capacity;
• treatment not covered by OHIP or a benefits plan, such as physiotherapy, medication and assistive devices;
• the cost of care and help at home;
• out-of-pocket expenses such as parking, transit and travel to appointments.

Close family members have their own claims. Under the Family Law Act, a spouse, children, grandchildren, parents, grandparents, brothers and sisters can recover their own losses, including expenses incurred for the injured person, travel to visit them during treatment, the value of nursing or housekeeping they provided and compensation for loss of guidance, care and companionship (s. 61(1)-(2)). Those claims are reduced by the same percentage as any fault assigned to the injured person (s. 61(3)).

Common mistakes

• Waiting for the injury to "settle down" before acting, and missing the 10-day or 60-day notice.
• Sending notice to the wrong place, such as a store manager by email when the statute requires registered mail or personal service, or a city councillor instead of the clerk.
• Assuming the owner is the only defendant, when the occupier, a tenant business and a snow contractor may all share responsibility.
• Giving a recorded statement to the other side's insurer before getting advice.
• Posting about the fall or your activities on social media. Insurers look.
• Accepting an early offer before the long-term effects of the injury are known.

What to bring to a lawyer

• The date, time and exact location of the fall, and any notice you have already sent, with proof of mailing.
• Your photos, video, footwear and the names of witnesses.
• Any incident report, emails or letters from the property owner, manager or insurer.
• Medical records, a list of the doctors and therapists you have seen, and receipts.
• Proof of income: pay stubs, tax returns, and any short-term or long-term disability claim.
• Your lease, if you fell at your own building.

Getting help

If you have fallen on someone else's property or a city sidewalk in Ontario, the most useful thing you can do this week is find out which notice rule applies and get the notice out properly. We can review the location and your timeline, identify every party who may be responsible, send the statutory notice and ask for video and maintenance records before they disappear. Your first video meeting with us is free. Learn more about our slip and fall practice or contact us to talk through what happened.

Common questions

Sources

1. Occupiers' Liability Act, ss. 1, 3, 4, 6, 6.1, 8, 9, 10
2. Municipal Act, 2001, s. 44
3. City of Toronto Act, 2006, s. 42
4. O. Reg. 239/02, Minimum Maintenance Standards for Municipal Highways, ss. 16.1, 16.3, 16.5
5. O. Reg. 612/06, Minimum Maintenance Standards for Highways in the City of Toronto
6. Limitations Act, 2002, ss. 4-7
7. Negligence Act, s. 3
8. Family Law Act, s. 61
9. Waldick v. Malcolm, [1991] 2 S.C.R. 456

General information, not legal advice. Every situation is different, and the law can change. Reading this article doesn't create a lawyer-client relationship.