Slip and Fall Claim Deadlines in Ontario

In Ontario, the time you have to file a slip and fall claim is limited. It’s important that you understand the deadlines for filing slip and fall claims to ensure you have an opportunity for compensation.  

While the damages a person can suffer from falling are varied, the location and circumstances of that fall can change the notice period, i.e. the time within which you have to notify the liable party that you intend to sue.  

Generally speaking, you have two years from the date of the incident to file a claim in Court and commence a civil action for a slip and fall.   

However, the notice period usually expires far sooner and missing it can bar you from suing to recover your damages. To illustrate how this might apply, we will examine three scenarios: 

Individual X is walking inside a mall listening to Mariah Carey Christmas music on repeat, and as they enter a fugue-like state, they slip on a hazard and fall, sustaining serious injuries.  

Individual Y is walking outside of the mall but still within the mall’s boundaries. They look through a window to see Individual X slip and fall, and just as they get ready to step inside and brave the Mariah Carey Christmas music to help Individual X, they lose their footing on uncleared snow, slip and fall, and sustain serious injuries.  

Individual Z, walking on the sidewalk beyond the mall’s boundary, is willingly listening to Mariah Carey Christmas music through headphones. Due to the City’s failure to ice the sidewalk, Individual Z slips and falls on ice hidden below the snow and falls, sustaining serious injuries.  

Individual X, who slipped on private property where snow or ice was not involved, can give notice any time before the two-year limitation. They must still file a claim within two years from the date of the fall. Being well advised, Individual X nevertheless sends a letter to the mall asking them to preserve any footage or investigation documents shortly after the fall.  

Individual Y, who slipped on private property where snow or ice was involved, must give written notice to the owners within 60 days from the date of the fall of a potential claim or lawsuit. They then have two years to file a claim from the date of the fall.  

Individual Z, who slipped on municipal property regardless of whether snow or ice was involved, must give written notice within ten days of the slip and fall. They then have two years to file a claim from the date of the fall.  

While there is some leeway in these timeframes, it is always best practice to consult a personal injury lawyer as soon as possible if you have been seriously injured as a result of a slip and fall accident.