Hurt in a fall? You may have only 10 days to notify the city.

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.

How can we help?

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Where did you fall?

Choose the option closest to your situation.

Where can we reach you?

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Thank you, we have it.

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) 309-3069

Deadline check

Where you fell sets your deadline.

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.

  • 10

    days to give written notice to the municipality after a fall on a city road or sidewalk

  • 60

    days to give written notice after a fall on snow or ice on private property

  • 2

    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

It depends on where you fell.

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.

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.

NoticeIn writing to the municipal clerk within 10 days.

Snow or ice on private property

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.

NoticeIn writing to the occupier or the contractor within 60 days.

Store, mall or restaurant

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.

Usually responsibleThe store or tenant, the property owner or manager, and sometimes a cleaning or maintenance company.

Rental, condo or someone's home

Broken stairs, missing handrails and unsafe walkways. A landlord who is responsible for repairs owes visitors the same duty as an occupier.

Usually responsibleThe homeowner, the landlord, the property manager or the condominium corporation. Home insurance often covers the claim.

After a fall

What to do in the first few days.

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 fall
  1. Get medical careSee a doctor or go to hospital, even if the injury seems minor. Your records link the injury to the fall.
  2. Record the scenePhotograph the spot, the hazard and your footwear, with something for scale. Go back the same day if you can.
  3. Report it and get namesTell the store or property manager and ask for a copy of the incident report. Write down the names of witnesses.
  4. Send the noticeWe send written notice to the city within 10 days, or to the occupier within 60 days for snow and ice.
  5. Ask for the evidenceWe ask for security video, maintenance and snow-clearing logs before they are overwritten or thrown out.

What you can claim

Compensation for what the fall cost you.

Every claim is different and we won't predict a number. These are the losses a slip and fall claim can cover.

  • Pain and sufferingFor the injury itself and how it affects your daily life.
  • Lost incomeWages you've lost, and what you may lose in the future.
  • Treatment costsPhysiotherapy, medication and devices not covered by OHIP or your benefits.
  • Future careOngoing treatment, help at home and changes to your home.
  • Out-of-pocket costsTravel to appointments, parking, and damaged property.
  • Your family's lossesClose family members can claim for care they provide and for the loss of your guidance, care and companionship.
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Questions

Slip and fall claims

Don't see yours? Call (289) 309-3069.

How long do I have to tell the city about a fall?

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.

I slipped on ice on a city sidewalk. Can I still claim?

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.

I fell on ice in a parking lot or outside a store. Is there a deadline?

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.

Who is responsible if I fell in a store, condo or rental building?

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.

Can I claim if I was partly at fault?

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.

Is the first meeting free?

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.

Free video meeting

Hurt in a fall? Talk to a lawyer before the notice is due.

By video (free) or in person at First Canadian Place ($100), 7 days a week.

Cohen Murison Law
100 King Street West, Suite 5700
First Canadian Place, Toronto, ON M5X 1C7
Open 7 days, 9 am to 5 pm. Closed on public holidays.
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