Joshua Goldberg Law is highlighting the importance of Ontario's 60-day written notice requirement for certain personal injury claims arising from snow and ice incidents, encouraging individuals who suffer winter-related injuries to understand their legal obligations and speak to a personal injury lawyer as soon as possible.

Under Section 6.1 of Ontario's Occupiers' Liability Act, certain claims involving injuries caused by snow or ice on an occupier's property or involving a snow-removal contractor require written notice to be provided within 60 days of the injury, subject to statutory exceptions. The requirement was introduced through Bill 118 and came into effect on January 29, 2021. The notice must identify the date, time and location of the incident and must be delivered in accordance with the requirements established under the legislation.

"Winter injuries can happen quickly, but the legal deadlines associated with them can arrive just as quickly," said Joshua Goldberg of Joshua Goldberg Law. "Understanding the notice requirements early can help an injured person preserve their ability to pursue a claim while important evidence is still available."

Understanding the 60-Day Notice Requirement

The 60-day notice is not the same as starting a lawsuit. Ontario's general limitation framework can provide a longer period for commencing legal proceedings, depending on the circumstances of a claim. However, the specific notice requirement for certain snow and ice incidents operates earlier and should not be overlooked.

The legislation also provides circumstances in which a claim may proceed despite notice not being provided within the 60-day period. These circumstances can include situations where a court determines that there was a reasonable excuse for the delay and that the defendant was not prejudiced in defending the claim. Separate statutory provisions may also apply when an injured person dies as a result of the injury.

Joshua Goldberg Law emphasizes that relying on an exception after a deadline has passed may create additional legal uncertainty. Individuals involved in a winter-related injury should therefore consider obtaining legal advice promptly.

Preserving Evidence After a Winter Injury

Evidence can become increasingly difficult to obtain as time passes. Snow and ice conditions may change, surveillance footage may be overwritten, witnesses may become difficult to locate, and maintenance or snow-removal records may become harder to obtain.Individuals who are able to do so may wish to document the accident location and surrounding conditions through photographs. Other potentially relevant information can include the property address, names of property managers or snow-removal companies, receipts or parking records establishing the person's presence at the location, and contact information for witnesses.

The legislation also contains provisions addressing the forwarding of notice between relevant occupiers and snow-removal contractors in certain circumstances.

Municipal Locations May Be Subject to Different Requirements

Joshua Goldberg Law also notes that not every winter-related injury is governed by the same notice provisions. Incidents occurring on municipal roads, highways or sidewalks can involve different statutory requirements. For certain claims against municipalities under the Municipal Act, 2001, written notice generally must be provided within 10 days of the injury. Claims involving the City of Toronto can be subject to a similar 10-day notice requirement under the City of Toronto Act, 2006. Statutory exceptions may apply in certain circumstances. Determining whether an accident occurred on private or municipal property may require consideration of ownership, occupancy and maintenance responsibilities.

Goldberg Law Encourages Early Legal Guidance

By bringing attention to Ontario's short notice requirements, Joshua Goldberg Law aims to help individuals understand the importance of acting promptly after a snow or ice-related injury. Photographs, receipts, witness information and timely written notice may help preserve important evidence and legal options while the circumstances surrounding an incident remain identifiable. Individuals who have suffered a winter-related injury may wish to obtain legal advice regarding the specific facts and applicable deadlines in their circumstances.

Legal Information Disclaimer

This release provides general information about Ontario law and is not legal advice. Notice and limitation requirements can vary depending on the circumstances of an individual claim. Individuals should obtain advice from a qualified lawyer regarding their specific circumstances and applicable deadlines.

About Joshua Goldberg Law

Joshua Goldberg Law provides legal services in Ontario, with a focus on helping clients understand their legal rights and options in personal injury matters.

Media Contact Details

Joshua Goldberg

Joshua Goldberg Law

Send Email

goldberglaw.ca