Ontario Amends Occupiers' Liability Act

Amendments to the Occupiers’ Liability Act came into effect on January 29, 2021. As of this date, the law requires that a person injured on private property because of ice or snow and negligence must provide written notice to the property owner, an occupier, or the snow removal contractor within 60 days. This written notice needs to specify the date, time, and location of the incident, and needs to be served personally or by registered mail.

When an occupier receives such notice, the occupier must provide written notice to other occupiers of the premises during the relevant period and any relevant independent contractor employed by the occupier to remove snow and ice. Likewise, when a snow removal contractor receives notice from a complainant, the contractor must provide written notice to the occupier that employed their snow removal business. 

Exceptions to the requirement to give notice within 60 days are outlined in the legislation. For example, failure of a plaintiff to provide written notice or insufficiency of the notice is not a bar to the legal action if a judge finds that there is reasonable excuse for the want or insufficiency of the notice and the defendant is not prejudiced in their defence. 

This amendment to occupiers’ liability law does not change the need to give written notice to a city. A person injured because of snow or ice on city or municipal property in Ontario is still required to provide written notice to the city or municipality within 10 days.

Contact a lawyer or paralegal if you have questions about an injury and the Occupiers’ Liability Act.