In Ontario, if you slip and fall on snow or ice on private property, the Occupiers’ Liability Act requires you to send a formal written notice within 60 days. Failing to notify the property owner and their snow removal contractor in London can permanently destroy your right to claim compensation for your injuries.
Winter in London, Ontario, often brings heavy lake-effect snow and treacherous freezing rain. Walking across a commercial parking lot near Masonville Place or down a neighbour’s driveway can quickly result in a devastating slip and fall.
Many victims believe they have two years to start a lawsuit. While the general statute of limitations is indeed two years, the law for snow and ice on private property drastically changed recently. A strict 60-day written notice period now applies. Partnering with a local personal injury law firm early on is critical to ensuring your rights are protected before this tight window closes. 👨⚕️
Step-by-Step Process in London, Ontario
Securing your right to sue involves gathering rapid evidence and officially putting the responsible parties on notice. Do not wait until you have fully healed to start this process.
Step 1: Seek Immediate Medical Help
Your health is paramount. Visit the emergency room at Victoria Hospital or University Hospital immediately after your fall. Having an Ontario doctor document your broken bones or head trauma establishes a clear medical record linking your injuries to the specific date of the accident.
Step 2: Document the Icy Conditions
Ice melts quickly. If you are physically able, take clear photos or videos of the un-salted ice, snow buildup, and lack of warning signs right away. Ask bystanders for their contact information, as independent witness testimony is incredibly powerful in these claims. 📸
Step 3: Identify the Occupiers and Contractors
Your lawyer will investigate to determine exactly who owns the property, who leases it, and which winter maintenance contractor was hired to plow or salt the area. Under the law, notice must be served to at least one of these parties, who is then obligated to share it with the others.
Step 4: Draft and Serve the 60-Day Notice
A formal letter must be sent by registered mail or hand delivery. This written notice must explicitly state the date, time, and exact location of the slip and fall. Your law firm will ensure the wording meets all provincial legal standards. 📝
Step 5: File the Statement of Claim
Once the notice is successfully delivered, you still have two years from the date of the fall to file a formal lawsuit at the Superior Court of Justice on Queens Avenue in London. Negotiations with the property owner’s insurance company will generally begin long before a trial is necessary.
How Much Does it Cost in London?
You do not need to pay thousands of dollars upfront to send a notice or start a claim.
- Lawyer Contingency Fee: Most local lawyers take 30% to 33% of your final settlement. If you lose, you generally pay no legal fees.
- Notice Delivery: Sending registered mail via Canada Post costs around $15 to $25 CAD.
- Court Filing Fees: Initiating a lawsuit at the Superior Court of Justice costs $339 CAD, which your lawyer will usually pay on your behalf as a disbursement.
| Requirement | Time Limit in Ontario |
|---|---|
| Written Notice for Snow/Ice (Private Property) | 60 Days |
| Written Notice for City Property | 10 Days |
| Filing a Civil Lawsuit | 2 Years |
How Long Does the Process Take?
While the notice must be sent within 60 days, resolving the actual claim takes much longer. Minor injuries like a sprained wrist may settle in 12 to 18 months. Severe cases, such as spinal injuries requiring lifelong care, typically take 2 to 4 years to conclude through settlement or trial.
Frequently Asked Questions (FAQ)
What if I missed the 60-day deadline?
There are narrow exceptions. A judge at the Superior Court of Justice may waive the deadline if the fall resulted in a fatality, or if you had a ‘reasonable excuse’ (such as being in a prolonged coma) AND the property owner was not prejudiced by the delay.
Does this rule apply to indoor water spills?
No. The strict 60-day notice rule specifically applies to slips caused by snow or ice on private property. Standard indoor slips generally fall under the standard two-year limitation period, though early notice is always recommended.
Can a slip and fall affect my spousal support obligations?
Yes. If your injuries result in a long-term inability to work, your income will drop. This significant change in financial circumstances may allow you to apply to family court to reduce the amount of spousal support you are required to pay.
Can the property owner face criminal charges?
Generally, a slip and fall is a civil matter. However, if a landlord demonstrates a reckless and wanton disregard for human life that leads to severe bodily harm or death, police could theoretically pursue charges for criminal negligence, which is a serious indictable offence.
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