Under Ontario’s Bill 118, if you slip and fall on snow or ice on private property in Hamilton, you must provide written notice by registered mail to both the property occupier and their independent snow removal contractor within exactly 60 days of the accident.
Hamilton winters are notoriously unpredictable, often bringing heavy lake-effect snow and dangerous freezing rain. Navigating icy commercial parking lots in plazas across Ancaster, Dundas, or the Hamilton Mountain is a daily hazard for residents. When a severe slip and fall occurs due to untreated black ice, victims naturally want to hold the property owner accountable. However, commercial landlords rarely clear the snow themselves. 🤕
In most commercial settings, the property occupier signs a comprehensive contract with an independent snow removal company. These contracts are specifically designed to shift legal liability from the store owner to the winter maintenance contractor. Understanding the strict requirements for suing a snow removal company in Hamilton is essential, as recent changes to Ontario law have made the procedural deadlines much tighter than standard personal injury claims.
Step-by-Step Process in Hamilton, Ontario
Because multiple corporate parties are usually involved-the landlord, the tenant operating the business, and the snow removal contractor-building a successful slip and fall claim requires precise legal steps.
Step 1: Document the Scene and the Weather
Ice melts quickly. The moment an accident happens, it is crucial to photograph the icy patch, the lack of salt or sand, and the surrounding area. Your lawyer will later order official historical weather data from Environment Canada for the Hamilton region to prove that the contractor had sufficient warning of the freezing conditions but failed to deploy their salt trucks in time.
Step 2: Serve the 60-Day Notice (Bill 118)
In 2021, Ontario passed Bill 118, which amended the Occupiers’ Liability Act. You are now legally required to send written notice of your claim within 60 days of the fall. This notice must include the date, time, and location of the incident, and it must be delivered personally or by registered mail to the occupier of the property AND the independent snow removal contractor. Identifying the contractor quickly is vital, which is why hiring a local law firm promptly is highly recommended.
Step 3: Filing a Claim at the Superior Court of Justice
Once notice is properly served, your legal team will usually file a Statement of Claim naming all potential parties as defendants. The lawsuit will be registered at the Superior Court of Justice. During the discovery phase, your lawyer will demand to see the contractor’s “salt logs” and GPS tracking data from their plows to verify if they actually serviced the Hamilton property as required by their contract.
How Much Does it Cost in Hamilton?
Pursuing a claim against a large commercial entity and their winter maintenance company does not have to drain your personal savings.
| Legal Process | Expected Cost in CAD | Payment Structure |
|---|---|---|
| Serving 60-Day Notice | $0 to $50 (Postage) | Handled by law firm upfront |
| Court Filing Fees | $320.00 | Covered by lawyer as a disbursement |
| Environment Canada Weather Data | $100 to $300 | Covered by lawyer, repaid at settlement |
| Lawyer’s Contingency Fee | 25% to 33.3% | Paid only if the case is won |
Like most personal injury cases in Ontario, slip and fall claims are primarily handled on a contingency fee basis. The law firm will front the costs for gathering evidence, such as hiring meteorologists to testify about Hamilton’s specific weather patterns on the day of your fall. You will only pay the legal fees and reimburse these disbursements if you secure a favourable settlement.
How Long Does the Process Take?
While the initial notice must be sent within an incredibly short 60 days, the statute of limitations to formally file the lawsuit remains 2 years. Once the Statement of Claim is issued, these cases can be highly contentious. Snow removal companies will vigorously defend their salt logs, often arguing that unexpected flash-freezing occurred. As a result, litigating against a snow removal contractor in Ontario generally takes between 1.5 to 3 years before a settlement is finalized.
Frequently Asked Questions (FAQ)
Why do I have to sue the contractor and not just the store?
In Ontario, the Occupiers’ Liability Act allows property owners to delegate the duty of winter maintenance to independent contractors. If the store owner proves they hired a competent snow removal company and monitored their work reasonably, the liability shifts entirely to the contractor.
What if I didn’t send the 60-day notice in time?
If you miss the 60-day window under Bill 118, your claim may be dismissed. The only exceptions are if the fall resulted in death, or if a judge determines you have a highly compelling “reasonable excuse” for the delay and that the defendants did not suffer prejudice in their defence.
How do we find out who the snow removal company is?
It can be difficult for a civilian to find this out. When you hire a law firm, they will send a formal letter to the property owner demanding the name and contact information of the winter maintenance contractor to ensure the 60-day notice is served correctly.
What if the contractor’s salt logs say they were there?
Salt logs are frequently challenged in court. Your legal team will request supporting evidence, such as the GPS data from the plow trucks, material purchase receipts, and security camera footage, to verify if the logs are accurate or if they were falsified after the fact.
Can I claim lost wages if I slipped on ice?
Yes. If you successfully prove the snow removal company was negligent, you may be entitled to claim damages for pain and suffering, past and future lost wages, and out-of-pocket medical expenses not covered by OHIP.
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