Know Your Rights: Timelines for Reporting Slip and Fall Accidents in Ontario

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Know Your Rights: Timelines for Reporting Slip and Fall Accidents in Ontario

Know Your Rights: Timelines for Reporting Slip and Fall Accidents in Ontario

Slip and fall accidents can happen in an instant but leave lasting consequences. If you’ve been injured due to unsafe conditions on municipal or private property, acting quickly is crucial. Ontario law sets strict deadlines for notifying the responsible parties, and missing them could mean losing your right to seek compensation. Here’s what you need to know to protect yourself.

Falling on Municipal Property? Act Fast!

If you slip and fall on city-owned property such as sidewalks, roads, public parks, or government buildings you must provide written notice to the municipality within 10 days of the accident. This requirement, outlined in section 44(10) of the Municipal Act, 2001, ensures that the city has an opportunity to investigate and address potential hazards. Your notice should include essential details such as:

• Date and time of the accident

• Exact location

• Brief description of what happened

Miss the deadline? Your claim may be barred completely, meaning you lose your right to seek compensation. The only way to proceed with a late claim is if you can demonstrate a valid reason for the delay and show that the municipality was not disadvantaged by receiving notice late. Courts apply these rules strictly, so time is of the essence don’t wait to take action.

Injured on Private Property? You Have 60 Days

If your accident occurred on private property, such as a shopping mall, restaurant, parking lot, or private residence, the timeline is different. Under Bill 118, you must provide written notice within 60 days of the incident. This notice should be sent to the property owner, occupier, or their representative and must include key details about the accident.

Failing to meet this deadline could prevent you from filing a claim unless you can prove a compelling reason for the delay.

How to Properly Serve Notice

For both municipal and private property claims, the notice must be in writing and served:

✅Personally (hand-delivered) or

✅Via registered mail (with proof of delivery)

Keeping a record of the delivery is crucial to avoid disputes over whether the notice was received. A lawyer can help ensure your notice is properly drafted and served, minimizing the risk of procedural issues that could affect your claim.

Why Deadlines Matter and the Consequences of Missing Them

Legal deadlines for reporting slip and fall accidents exist for several reasons:

• They ensure timely investigations so property owners and municipalities can assess the alleged hazard.

• They help preserve critical evidence, such as security footage, witness accounts, and maintenance logs.

• They prevent fraudulent or exaggerated claims by requiring prompt reporting.

Failing to provide timely notice can have serious legal consequences. If you miss the 10-day municipal deadline or the 60-day private property deadline, the property owner or municipality can argue that your claim should be dismissed outright. Courts are generally strict about enforcing these deadlines, and failure to provide notice can serve as a complete bar to your claim, meaning you lose your right to seek compensation.

However, in limited circumstances, courts may grant exceptions if you can prove that:

• You had a legitimate reason for the delay (e.g., being physically or mentally incapacitated due to your injuries).

• The delay did not prejudice the defendant (e.g., the municipality or property owner still had a reasonable opportunity to investigate and address the hazard).

Even if an exception is possible, proving these factors is difficult and requires strong legal arguments and evidence. That’s why it’s critical to act quickly and seek legal guidance as soon as possible.