Occupiers’ Liability Act – 60-Day Notice for Injury Caused by Snow or Ice
Effective December 8, 2020 the Occupiers’ Liability Act (“the Act”) was amended to impose stringent notice requirements for those injured as a result of snow or ice on private property. Now, under section 6.1 of the Act, a plaintiff must put a defendant on notice within 60 days of the occurrence of injury.
Section 6.1 identifies requirements for the notice content and manner of service. First, the written notice must indicate the date, time and location of the occurrence. Second, it must be served personally or sent by registered mail to the appropriate party. Section 6.1(2) identifies the appropriate parties as being either an occupier of the premises, or an independent contractor employed by the occupier to remove snow or ice during the relevant time period.
Of note, it is not necessary that all occupiers or independent contractors of the premises receive written notice. Under the new changes, as long as one of the appropriate parties are put on notice within 60 days, the action may proceed.
Two exceptions to the 60-day notice limitation are if the injury resulted in death, or if there is a reasonable excuse for the insufficient or lack of notice and the defendant is not prejudiced as a result.
It is also important to remember that these notice requirements only apply to injuries occurring on private property. Any injuries occurring on public property are subject to the notice requirements of the Municipal Act, 2001, S.O. 2001, c.25.
What does this mean for you?
Failure to comply with the 60-day notice limitation is a complete bar to the action, subject to the two exceptions. The law has little regard for how serious an injury is – if the notice is insufficient or missing, and the two exceptions do not apply, the action cannot proceed. To avoid missing the limitation period it is critical that injured persons be diligent in retaining a lawyer following an injury caused by snow or ice on private property.
If you have any questions or would like a free consultation with one of our lawyers, please contact us by telephone at 905-602-5265 or email at office@qwklawyers.com.
