I was injured on someone else's property in Ontario — do I have a claim?
Occupiers owe a duty to take reasonable care that people on their premises are reasonably safe, and for snow and ice claims a written notice must be delivered within 60 days.
The Occupiers Liability Act imposes a duty on the occupier — the owner, tenant or anyone in control of the premises — to take reasonable care in the circumstances. The question is not whether an accident happened but whether the system of inspection, maintenance and warning was reasonable.
Snow and ice claims carry a hard trap: written notice of the claim, including the date, time and location, must be given to the occupier and any independent contractor responsible for snow removal within 60 days of the incident. Missing that notice can end the claim unless a judge finds a reasonable excuse and no prejudice.
Evidence decays quickly. Photograph the hazard, keep the footwear, obtain the incident report, and identify witnesses before maintenance records are overwritten. The general limitation period remains two years.
Source: Occupiers Liability Act, R.S.O. 1990, c. O.2
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