A claim that a municipal road or sidewalk was not kept in repair generally requires written notice to the municipality within 10 days. A separate 60 day written notice requirement applies to injuries caused by snow or ice.
Why this rule exists and why it is brutal
Short notice periods exist so that an occupier or a municipality can inspect the location while conditions are still similar. That is a reasonable purpose. The effect on an injured person is unforgiving.
Ten days is not long when you are dealing with a fracture, an emergency department, and time off work.
What notice has to look like
Written, and delivered properly. For snow and ice claims that means personal service or registered mail, sent to an occupier of the property or to the contractor hired to clear it.
A phone call to a customer service line is not notice. Neither is a social media message. Keep proof of what was sent and when.
If you are unsure whose property it was
Give both notices. The cost is an afternoon and two registered letters. The cost of guessing wrong is the entire claim.
What to preserve while you are at it
Photographs of the hazard, taken the same day if possible, with something in frame for scale. The footwear you were wearing. Weather records for that hour. The name of anyone who saw it.
Security footage is routinely overwritten within days, so a written request to preserve it should go out immediately.
Deadlines that apply to you
These are the dates that end claims. Check them first.
If the injury happened on a municipal road or sidewalk and the claim is that it was not kept in repair, written notice must reach the municipality within 10 days.
Municipal Act, 2001, S.O. 2001, c. 25, s. 44(10)
If you were hurt by snow or ice, you must give written notice within 60 days, served personally or sent by registered mail, to an occupier of the property or to the contractor hired to clear it.
Occupiers' Liability Act, R.S.O. 1990, c. O.2, s. 6.1 · in force 2021-01-29
If it is not clear whether you fell on city property or private property, give notice under both rules. Meeting the shorter deadline costs nothing and protects the claim.
Municipal Act, 2001, s. 44(10); Occupiers' Liability Act, s. 6.1
Questions we get every week
Probably not for the 60 day snow and ice notice, but if it was on a city sidewalk the municipal notice period is much shorter and may already have passed. This is worth a call today.
No. It has to be in writing and properly delivered. A lawyer helps make sure it goes to the right parties.
Actual knowledge is not the same as formal notice. Give the written notice anyway.
Where this applies
Slip and Fall
Slip and fall claims in Ontario carry notice deadlines far shorter than the usual two year limitation period.
Read moreMunicipal Liability
Claims against a municipality in Ontario run on a far shorter clock than ordinary claims.
Read moreTraumatic Brain Injury
A traumatic brain injury can be severe and permanent while every scan comes back normal.
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