Ontario has passed a Bill that will require written notice before a personal injury claim, caused by a slip and fall in snow or ice, can be made.
Bill 118 has been enacted as Chapter 33 of the Statutes of Ontario, 2020.
The Bill amends the Occupiers’ Liability Act to provide that no action shall be brought for the recovery of damages for personal injury caused by snow or ice against an occupier or an independent contractor employed by the occupier to remove snow or ice, unless, within 60 days after the occurrence of the injury, written notice of the claim is served.
Failure to give notice is not a bar to the action in the case of the death of the injured person as a result of the injury.
The written notice must include the date, time, and location of the occurrence, and must be personally served on or sent by registered mail to at least one person listed in the claim.
Bill 118 still must receive royal assent by the Lieutenant Governor to become law.
If enacted, the Bill will assist snow professionals to defend claims as it will alleviate claims filed nearly two years after the alleged slip and fall which makes it difficult to defend due to hazy memories and possible lack of reliable records.
See Bill 118 2020