Slip and fall
During the winter months, slip and falls due to ice or snow are a common occurrence in Ontario. It’s important all Ontarians are aware of the rules regarding notification to ensure their rights are protected. However, the rules involving slip and falls and slip and fall victims could dramatically change the potential outcome for slip and fall victims.
Ontario’s Bill 118
In 2020, Bill 118 modified the Occupier’s Liability Act requiring anyone that is a slip and fall victim due to snow and ice must urgently given written notice to the owner of the property or the independent contractor who does the snow removal within 60 days of the date of the specific fall. The notice must include the date, time and location and be personally served, or sent by registered mail.
Aside from the date, the location is equally important to pin point at the earliest possible stage. Often times a location can seem ambiguous –is it municipal property or private property? Likewise, for a large area of private property there may be several contractors assigned to specific areas. Therefore, its imperative an claimants who suffer from a slip/trip and fall immediately take photos of the location of the fall to ensure there is no discrepancy or confusion as to the exact location of the fall.
Before Bill 118
Prior to the passing of Bill 118, slip and falls claims had only the standard two year limitation for personal injury actions. There was no onus on the victims to provide any early notice, let alone evidence such as snow and ice conditions that may well be gone before property owners are on notice of a claim.
Significant changes since Bill 118
Currently, the failure to serve a notice within the prescribed 60 day period will have a bar to pursuing the action, unless there is a reasonable excuse and that the Defendant(s) are not prejudiced.
Potential reasonable excuses include:
- injured persons hospitalization or inability to due medical condition
- victim did not realize the severity of the injuries immediately
- confusion of ownership/contractor responsible for the location of the fall
Notice Period vs. Limitation Period
These are two vastly distinct periods however, both deeply important to ensure you are not barred from commencing a lawsuit.
Under Ontario’s Occupiers’ Liability Act, the notice period, per Bill 118, also known as the Occupier’s Liability Amendment Act, calls for the injuried person in a slip and fall incident to provide written notice of their injury within 60 days of when the injury occurred.
The two year limitation period, is a general deadline under Ontario law for commencing a lawsuit for recovery of damages for any personal injury.
These two periods are not interchangeable and both are required to be met to prevent you from being barred from proceeding.
Slip and Fall on City Property?
What if you fall on city property, does this change your requirements? Yes.
If you suffer a fall on Municipal property, such as a sidewalk, parking lot, you must provide written notice to the municipality within 10 days of the incident. Failing to do so may jeopardize your case. Often with sidewalks, the ownership of the municipality is clear but often there are some discrepancies of ownership and potential responsibility to contractors. A real estate search of the location may be necessary to determine the proper municipality.
It’s important to understand your rights and all the various notice and limitation periods.
Tips
In summary, if you’re involved in a slip and fall, immediately take photos of the location and your injuries. If necessary, go back at your earliest convenience to take these photos before the location becomes more ambiguous as time goes on. If the location is clearly municipal property, notify the city. Many jurisdictions, have clearly labelled the process on their websites. Finally, contact a lawyer, they can help re-assure you that all the requirements of notification have been met.
Collisions – General Damages Deductible
When Canadians are involved in motor vehicle accident collisions, there are potential thresholds that may be applicable along with the thresholds’ accompanying deductible. Each province ranges in amounts but each provinces deductible and thresholds increase annually.
As of January 2026, the FSRA has set out the Ontario statutory deductible for motor vehicle accident non-pecuniary loss awards (pain and suffering) for personal injury claims has increased to $47,913.01 and $23,956.52 for Family Law Act claims.
Moreover, the monetary threshold for personal injury claims is $159,708.71 and for the Family Law Act claims the number is $79,853.70.
These amounts are indexed annually based on inflation.
Thus, any Ontario court award for pain and suffering, General Damages that falls below $159,708.71 is automatically reduced by the applicable statutory deductible $47,913.01. In the contrary, if the Ontario court award for pain and suffering, General Damages, is $159,708.71 or higher, then the $47,913.01 deductible does not apply.
The deductible is regulated under the Ontario’s Insurance Act.
In order to recover General Damages for pain and suffering as a result of a motor vehicle collision, the Insurance Act requires that claimants must be able to prove that they have suffered a permanent, serious physical or mental impairment that affects an important function of the body or have suffered a serious and permanent disfigurement.
These statutory deductibles and thresholds have been around since the 1990s and were created as a way to control costs and also reduce the number of frivolous lawsuits. In essence, the government sought to discourage people from establishing personal injury lawsuits for minor injuries, thus reducing insurers’ financial exposure.
Tips
If you’ve been injured in a collision, reach out to an experienced lawyer who can discuss with you whether the deductible and threshold apply to you and your case.
If you or a loved one has been involved in a collision and may be entitled to Accident Benefit benefits, we encourage you to contact us for a free consultation.