Every Toronto winter brings freeze-thaw cycles that turn sidewalks, parking lots and building entrances into sheets of ice. Falls are one of the most common winter injuries, and they can be serious. Broken wrists, hip fractures, head injuries and back injuries all happen in a split second.
Many people assume they have years to decide whether to make a claim. When ice and snow are involved, that’s often not true. Ontario has some of the shortest notice deadlines in personal injury law, and missing them can end a claim before it starts.
Who is responsible for snow and ice?
It depends on where you fell.
- Private property: stores, malls, condos, office buildings and rental properties. The occupier, meaning the owner, tenant or business in control, must keep the premises reasonably safe. They often hire a winter maintenance contractor, who may share responsibility.
- City sidewalks and roads: the City of Toronto is responsible for winter maintenance on public sidewalks and roads, but the legal standard is higher. For snow and ice on sidewalks, you generally have to show gross negligence, not just ordinary carelessness.
Knowing which situation you’re in matters, because the rules and deadlines are different.
The 60-day rule for private property
Since 2021, Ontario’s Occupiers’ Liability Act requires anyone injured by snow or ice on private property to give written notice within 60 days. The notice goes to the occupier or the winter maintenance contractor. It must include the date, time and location of the fall.
A court can sometimes excuse a late notice, but you’d need a reasonable excuse and the other side can’t have been prejudiced by the delay. It’s far better not to rely on that.
The 10-day rule for city property
If you fell on a City of Toronto sidewalk or road, the deadline is even tighter. Written notice must generally be given to the city clerk within 10 days of the fall. Other Ontario municipalities have similar short notice rules.
Ten days goes by quickly, especially if you’re in hospital or recovering from surgery. Again, late notice isn’t always fatal, but it makes your claim harder.
What to do right after a fall
If you can do so safely, take these steps:
- Photograph the exact spot, including the ice, any lack of salt or sand, and nearby downspouts or drainage.
- Take a photo of your footwear.
- Get names and numbers of anyone who saw the fall.
- Report the fall to the property manager or store and ask for a copy of the incident report.
- Note the weather. Environment Canada keeps historical records, but your own notes help.
- See a doctor and keep every receipt, from prescriptions to taxi rides to appointments.
Go back for more photos the next day if you can. Ice can melt or be salted within hours, and evidence disappears.
Don’t forget the bigger deadline
Even after notice is given, the general limitation period in Ontario is two years from the date of the fall. Within that time, a lawsuit must be started. Insurers know these timelines well, and some will wait them out.
If you’ve been hurt in a fall, speaking with a Toronto personal injury lawyer quickly is the easiest way to make sure the right notice goes to the right party on time. A lawyer can also help identify everyone who may share responsibility, from the property owner to the snow removal company.
Stay safe this winter
Wear footwear with good grip, take smaller steps on icy surfaces and use handrails wherever they exist. But if a fall happens because someone didn’t do their job, remember the clock starts ticking that day.
Disclaimer: This article is general information and not legal advice. Ontario’s Occupiers’ Liability Act notice requirements (including the 60-day notice for private property and the 10-day notice for City of Toronto property) and the general two-year limitation period are subject to exceptions, court discretion, and case-specific facts, and the law may change. Deadlines begin on the date of the fall, and late notice—while sometimes excusable—can seriously weaken a claim. Every case is different. Readers should speak with a licensed Ontario personal injury lawyer about their specific situation as soon as possible, and should not rely on this article as a substitute for individualized legal advice. The author and publisher disclaim any liability for decisions made based on this content.
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