City sidewalk or road
The municipality must keep its roads and sidewalks in reasonable repair. Think broken or raised slabs, potholes and missing curbs. For snow and ice on a sidewalk, it is liable only if it was grossly negligent.
We work out who was responsible for the place you fell, send the notice in time, and deal with the city or the insurer for you.
We'll call you during office hours, 9 am to 5 pm, 7 days a week. If your fall was in the last few days, call now: the notice to the city may be due soon.
Book a free video meeting now Call (289) 309-3069Deadline check
Two short notice periods come before the usual two-year limit to sue. Both count from the day you fell, not from when you decide to claim.
days to give written notice to the municipality after a fall on a city road or sidewalk
days to give written notice after a fall on snow or ice on private property
years, generally, to start a lawsuit
Pick a date to see your deadlines.
General information, not legal advice. Who owns or controls the spot where you fell decides which notice applies, and it isn't always obvious. We'll confirm your deadlines.
Who's responsible
Different rules apply to public and private property. Our first job is to find out who owned, controlled or maintained the exact spot, because that decides who you claim against and which notice you need.
Read the full guide: Slip and fall claims in Ontario: who pays and your deadlines.
The municipality must keep its roads and sidewalks in reasonable repair. Think broken or raised slabs, potholes and missing curbs. For snow and ice on a sidewalk, it is liable only if it was grossly negligent.
Parking lots, store entrances, condo walkways and driveways. The occupier, and often a snow-clearing contractor they hired, must take reasonable care to keep visitors safe.
Wet floors, spills, loose mats, poor lighting and broken stairs. The business that controls the space owes you a duty to take reasonable care for your safety.
Broken stairs, missing handrails and unsafe walkways. A landlord who is responsible for repairs owes visitors the same duty as an occupier.
After a fall
Ice melts, spills get mopped and broken slabs get fixed. The sooner the scene is recorded and the notice is sent, the stronger your claim.
Ask about your fallWhat you can claim
Every claim is different and we won't predict a number. These are the losses a slip and fall claim can cover.
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10 days from the fall, if it was caused by a poorly kept municipal road or sidewalk. The notice must be in writing, give the date, time and place of the fall, and be served on or sent by registered mail to the municipal clerk. In Toronto it goes to the city clerk. Missing it is not always fatal: it doesn't apply if the person died, and a judge can excuse late notice if there's a reasonable excuse and the city isn't prejudiced. Don't rely on that. Send the notice.
Possibly, but it's harder. A municipality is liable for an injury caused by snow or ice on a sidewalk only if it was grossly negligent. The 10-day notice still applies, so send it even while you're deciding whether to claim.
Yes. For a fall on snow or ice on private property, written notice must reach the occupier, or the contractor they hired to clear snow, within 60 days. It must give the date, time and place of the fall, and be served in person or sent by registered mail.
Usually the occupier: the person or business that controls the premises, such as the store, the property manager or the condominium corporation. A landlord who is responsible for repairs owes visitors the same duty. There can be more than one responsible party, including a maintenance or snow-clearing contractor.
Often, yes. Ontario's Negligence Act applies to these claims, so if you share some of the blame, for example because of your footwear or because you were looking at your phone, your compensation can be reduced by your share instead of being refused outright.
Video meetings are free. In-person meetings at First Canadian Place are $100. Legal fees are either a small amount upfront and the rest only if you're compensated, or nothing unless you're compensated.
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