Ontario has a special notice rule for many personal-injury claims caused by snow or ice on private property. Under the Occupiers’ Liability Act, written notice generally must be given within 60 days of the injury to an occupier or snow-removal contractor.
The legislation calls for written notice of the claim that includes the date, time and location of the occurrence. Notice should be delivered in a way that can later be proven. Because the correct occupier or contractor may not be obvious, early investigation is important.
Snow and ice conditions change quickly. Prompt notice gives the parties an opportunity to investigate weather, maintenance and site conditions while records and witnesses are still available.
The Act provides exceptions, including where the injury results in death and where a court finds a reasonable excuse for late notice and no resulting prejudice to the defendant. Those exceptions are fact-specific and should not be treated as permission to delay.
Potential parties can include the owner, tenant, property manager and winter-maintenance contractor. Contracts and control over the property can help identify who had responsibility for inspection, salting, plowing or warnings.
Notice and limitation periods are different. Giving notice does not start a lawsuit, and the general limitation period may still apply. Other properties, particularly municipal roads and sidewalks, can involve different and even shorter notice rules.
More information is available in Krylaw’s Personal Injury FAQs.
This article provides general legal information as of September 2026 and is not legal advice. Obtain advice promptly because notice and limitation rules are fact-specific.
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