The Occupiers’ Liability Act in Ontario sets out the responsibilities and duties that an occupier owes to an individual while that individual is on their property.
Recent changes in the legislation now set out a new, shortened notice period when someone is injured on private property as a result of snow or ice due to the negligence of the owner, occupier or contractor responsible for that property.
As of January 29, 2021, if you or a loved one has been injured due to snow or ice as a result of the negligence of another, you must put the owner or occupier on notice within 60 days of the date of the injury.
Notice must be provided in writing, and should set out the date, time and location of the incident. The notice must be delivered in person or by registered mail to the owner or the occupier of the property, or to the contractor responsible for clearing the snow and ice. You do not have to give notice to all, putting one party on notice is sufficient.
This new amendment does not change the requirement of written notice to a city or municipality: if you suffered an injury on city or municipal property, you must still give written notice within 10 days from the date of the incident.
If you or a loved one has been injured on snow or ice due to someone else’s negligence, please contact Lamont Law today for a free consultation.
https://www.ontario.ca/laws/statute/90o02
https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-118
