If you’ve taken a serious fall on snow or ice in Ontario, you may think you have two years to start a lawsuit.
That’s only part of the story.
In many snow and ice slip-and-fall cases, Ontario law requires written notice within just 60 days of the accident. Miss that deadline, and your claim could be severely limited — or dismissed altogether.
Most injured people don’t discover this rule until it’s too late.
Here’s what you need to know to protect your rights.
The 60-Day Notice Rule Under Ontario Law
Under Ontario’s Occupiers’ Liability Act, individuals injured due to snow or ice on certain properties must provide written notice within 60 days of the incident.
This rule was introduced to give property owners and snow removal contractors early warning of potential claims.
But in practice, it creates a trap for injured people.
You may be:
- Recovering from a fracture
- Dealing with a concussion
- Off work and worried about income
- Focused on medical appointments
Legal paperwork is often the last thing on your mind — yet timing is critical.
Does the 60-Day Rule Apply to Your Slip and Fall?
The notice requirement typically applies to falls involving snow or ice at:
- Shopping plazas
- Parking lots
- Condominium properties
- Apartment buildings
- Commercial entrances
- Private businesses
- Properties maintained by third-party snow removal contractors
If a snow removal contractor was responsible for maintenance, notice may need to be delivered to both the property owner and the contractor.
Identifying the proper “occupier” is not always straightforward. Sending notice to the wrong party can jeopardize your case.
This is where early legal advice matters.
Falls on Municipal Sidewalks or Roads: Even Shorter Deadlines
If your fall occurred on a city sidewalk, roadway, or municipal property, different legislation may apply.
Some municipal claims involve extremely short notice periods — sometimes as little as 10 days, depending on the nature of the defect.
These rules are technical and strictly enforced.
If you slipped on a sidewalk in Toronto, Mississauga, Brampton, Ottawa, Kitchener, or anywhere else in Ontario, do not assume the standard rules apply.
Get advice immediately.
What Must Be Included in the 60-Day Written Notice?
A proper notice should include:
- Your full name and contact information
- The exact date and time of the fall
- The precise location (address and specific area)
- A description of the hazardous condition (ice patch, uncleared snow, refrozen melt, etc.)
- The injuries you sustained
- Witness information (if known)
The notice must also be delivered properly.
In some situations, simply sending an informal email may not be sufficient.
At Kotak Law, we ensure notice is delivered correctly, to the appropriate parties, and within the required timeframe.
Why the First 72 Hours After a Fall Are Critical
Slip-and-fall cases depend heavily on evidence — and winter evidence disappears fast.
Within days:
- Snow is cleared
- Ice melts
- Surveillance footage is erased
- Weather data changes
- Maintenance logs are updated
If you or a loved one has fallen, take these steps immediately:
- Photograph the area (wide shots and close-ups).
- Take photos of your footwear.
- Obtain witness names and contact details.
- Seek medical attention promptly.
- Contact a lawyer before speaking to insurance adjusters.
The sooner evidence is preserved, the stronger your claim.
Missed the 60-Day Deadline? Don’t Assume It’s Over.
If more than 60 days have passed, do not automatically assume your case is finished.
Depending on the circumstances, there may be legal arguments available — particularly where incapacity or prejudice issues arise, or where the rule does not strictly apply.
However, delay makes recovery more difficult.
The longer you wait, the harder it becomes to protect your rights.
Serious Slip and Fall Injuries Often Lead to Disability Claims
Winter falls frequently result in:
- Wrist and ankle fractures
- Shoulder injuries
- Back injuries
- Concussions
- Torn knee ligaments
These injuries can prevent you from working.
In addition to a lawsuit, you may also need to pursue:
Kotak Law focuses extensively on disability law. If your insurer denies your LTD claim after a fall, we handle that fight as well.
Insurance Companies Act Quickly. So Should You.
After a serious fall, property owners and insurers move fast.
They work to:
- Minimize liability
- Gather evidence supporting their position
- Argue “reasonable winter maintenance”
- Challenge causation
Your job is to protect your legal rights before technical deadlines undermine them.
The 60-day rule is manageable — but only if addressed promptly and correctly.
Slipped on Ice in Ontario? Speak to Kotak Law Today.
If you were injured in a snow or ice slip-and-fall anywhere in Ontario, do not wait.
You may have only 60 days — or less — to protect your claim.
Kotak Law offers:
- Free, confidential consultations
- No fees unless we win
- Province-wide representation
- Experience in both personal injury and disability litigation
Call Kotak Law today
Or contact us online for a prompt case review.
Winter conditions are predictable.
Serious injuries are not.
Don’t let a technical deadline erase your rights.
