Occupiers' Liability Amendment: Ontario Shortens Notice Periods For Snow And Ice Related Claims

• Published date: 23 December 2020
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Personal Injury, Landlord & Tenant - Leases
• Law Firm: McMillan LLP
• Author: Rachel Cooper and Donia Hashem

On December 8, 2020, the Ontario provincial government passed Bill 118, which amends the Occupiers' Liability Act (the 'Act') by adding a new section entitled, 'Notice Period - Injury from Snow and Ice.' Owners and tenants of commercial spaces, condominium corporations, property management companies, insurers, and the like will take special interest.

The amendment addresses claims made for the 'recovery of damages for personal injury caused by snow or ice,' and requires all would-be claimants to provide 60-day written notice of their claims, shortening the general two year limitation period. The intention may have been to address slip and fall incidents, but the broad language means that other injuries, such as from falling snow or ice, could also be included.

Shorter Notice Periods:

As a result of the amendments, claimants are now required to provide written notice of their claim to property owners, tenants, and/or snow removal companies within 60 days after the occurrence of the injury. The notice must be served personally or sent by registered mail, and it must include the date, time and location of the occurrence.

This notice period was intended to mirror the 10-day notice period already in place to protect municipalities, but it was extended to 60 days after parliamentary debate.

Who is Served:

Importantly, the claimant must serve only one of the occupier or snow removal company in order to comply with the amendment. The Act now also requires occupiers who have been served with such a notice, to serve any other occupiers or snow removal companies with the notice, and vice versa.

Again, the 60-day notice period is met once any of the occupiers or snow removal contractors receive the written notice, 'even if the action is to be brought against a person that did not originally receive the notice.'¹

Exceptions:

This section effectively shortens the two-year limitation period to sixty days, which is of great benefit to occupiers. However, the amendments also included two exceptions. Failure to give notice within sixty days will not be a bar to the claim: (1) if the plaintiff dies as a result of the accident;² or (2) if a judge finds there is a reasonable excuse for not meeting the 60 days, and the defendant would not be prejudiced in its defence.³

Impact on Occupiers:

This significantly shorter notice period should make investigation of claims easier, if claimants comply with the requirements. Stronger investigations could make it easier for occupiers to...