Yes, you can sue a snow removal company in Ottawa if their negligence led to your injury. However, Ontario law strictly requires you to send a written notice to the property owner or contractor within 60 days of the accident, or your lawsuit may be permanently barred.
Ottawa winters are notoriously harsh, bringing heavy snow and freezing rain that turn sidewalks and parking lots into dangerous hazards. To manage this, most commercial properties, strip malls, and condo boards hire private winter maintenance contractors to plow and salt their premises.
When these companies fail to do their jobs properly, people get seriously hurt. 📍 Under the Occupiers’ Liability Act, both the property owner and the independent snow removal company can be held legally responsible for your damages. However, recent changes to Ontario law have introduced strict new deadlines that you must meet to preserve your right to sue.
Step-by-Step Process for Suing a Snow Contractor in Ottawa
Navigating a winter slip and fall claim is incredibly complex because multiple insurance companies will point fingers at each other. A local personal injury lawyer will help you untangle the liability and meet the strict legal deadlines.
Step 1: Identify the Hazard and Seek Treatment
After falling on ice in Barrhaven or Kanata, your immediate priority is medical care. Document the exact location of the fall and take photos of the untreated ice or massive snow buildup. The defence will likely argue that a sudden storm made it impossible to clear the snow in time, so proving the ice was old and neglected is key.
Step 2: Serve the 60-Day Written Notice
Under s. 6.1 of the Occupiers’ Liability Act (introduced via Bill 118), you must formally serve the property owner, occupier, or snow removal contractor with a written notice within 60 days of the fall. 📄 Under the law, this notice must be either personally served or sent by registered mail, detailing the date, time, and location of the accident. If you miss this strict 60-day window, your claim will generally be permanently barred.
Step 3: Reviewing the Snow Removal Contract
Your lawyer will initiate a lawsuit and demand a copy of the contract between the property owner and the snow removal company. They will review the “salting logbooks” and GPS data from the snowplows to see if the contractor actually showed up when they were supposed to, or if they breached their contractual duties.
Step 4: Navigating Cross-Claims and Settlement
In most Ottawa cases, you will sue the property owner, and the property owner will file a “cross-claim” against the snow removal company, stating the contractor is to blame. ⚔️ Your lawyer will mediate between the two defending insurance companies until they agree on a fair combined settlement for your pain, suffering, and lost income.
How Much Does it Cost in Ottawa?
Winter slip and fall cases are heavily contested. Property owners and snow companies fight aggressively to avoid paying.
| Legal Service / Expense | Estimated Cost (CAD) |
|---|---|
| Personal Injury Lawyer | 25% – 33% Contingency Fee |
| Registered Mail (60-Day Notice) | Around $15 (If done yourself) |
| Weather Expert (Meteorologist) | $1,000 – $3,000+ |
| Court Filing Fees | $243.00 (Superior Court filing fee) |
- Expert Witnesses: Your lawyer will almost certainly need to hire an expert meteorologist. This expert will provide a certified weather report proving exactly when the precipitation stopped, demonstrating that the contractor had ample time to lay down salt before your fall.
- No Upfront Fees: Most Ontario law firms will cover these expensive disbursements upfront, so you do not have to pay out of pocket while recovering from a broken ankle or hip.
- Small Claims Court Alternative: For damages under $50,000 CAD (raised from $35,000 under O. Reg. 42/25), you can file a Plaintiff’s Claim in Ontario’s Small Claims Court. The initial filing fee is just $108.00 for an infrequent claimant, offering a much faster and more cost-effective option than the Superior Court.
How Long Does the Process Take?
The deadlines are incredibly tight. ⏱ You have 60 days to give notice for private property, or just 10 days if you fell on a City of Ottawa sidewalk. You then have 2 years to file the actual lawsuit. Because liability is usually split between the owner and the contractor, these cases often take 2 to 4 years to reach a final settlement or trial verdict at the Superior Court of Justice.
Frequently Asked Questions (FAQ)
What happens if I miss the 60-day notice deadline?
Missing the 60-day deadline is severely detrimental to your case. The only exceptions under the law are if the fall resulted in death, or if a judge determines you had a reasonable excuse (such as being in a coma) AND the delay did not prejudice the defendants.
What if I fell while it was actively snowing?
Property owners and contractors are granted a “reasonable” amount of time to clear snow after a storm begins. If you slip during an active blizzard in Ottawa, it is much harder to prove negligence, as they cannot magically keep the ground clear 24/7.
Does the snow company’s insurance pay me directly?
Usually, the property owner’s commercial liability insurance and the snow contractor’s insurance will split the cost of your settlement, depending on the specific indemnity clauses hidden in their private contract.
Can I sue if I fell on a neighbour’s icy driveway?
Yes. Private homeowners in Ottawa also have a duty under the Occupiers’ Liability Act to keep their driveways and walkways reasonably safe for visitors, delivery drivers, and postal workers. Their home insurance policy typically covers these claims.
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