Can I Sue if I Slipped on Ice in Ontario?
Yes, you may be able to sue. But slip and fall claims involving snow or ice come with some of the shortest deadlines in Ontario law. If you miss them, you can lose your right to compensation before you even speak to a lawyer. Here is what you need to know, in plain language.
Who is responsible when you fall on ice?
In Ontario, the Occupiers' Liability Act requires whoever controls a property to take reasonable care to keep people safe on it. That includes clearing snow and ice within a reasonable time.
An "occupier" is not just the owner. It can be a tenant, a property manager, or a business operating on the premises. If a snow removal company was hired to clear the property, that company may also share responsibility.
The law does not require perfection. Ice can form quickly, and a property owner is not automatically at fault every time someone falls. The question is whether they took reasonable steps: salting, sanding, plowing, and inspecting the property the way a careful owner would in the same conditions.
The 60 day notice rule for snow and ice
This is the deadline that catches people off guard.
If you were injured because of snow or ice on private property in Ontario, you must give written notice of your claim within 60 days of the fall. The notice must include the date, time, and location of the incident, and it must be served on the occupier or the snow removal contractor by personal delivery or registered mail.
This rule applies to almost any private property: stores, plazas, apartment buildings, offices, parking lots, and private homes.
Miss the 60 days and your claim can be barred entirely. There are limited exceptions. A court may allow a late claim if you have a reasonable excuse and the property owner is not prejudiced by the delay, and the notice requirement does not apply if the fall caused a death. But you should never count on an exception. Give notice early.
Falls on municipal property: you may have only 10 days
If you fell on a city sidewalk, road, or other municipal property, the deadline is even shorter. Under the Municipal Act, you must give the municipality written notice of your claim within 10 days.
Claims against municipalities for icy sidewalks also face a higher legal test. You generally have to show "gross negligence," meaning something well beyond an ordinary mistake. These claims can still succeed, but they are harder, and the 10 day notice makes speed essential.
Not sure whether the property was municipal or private? Give notice to everyone who might be responsible. It costs nothing and protects your rights.
The two year deadline to start a lawsuit
Notice is only the first step. Under Ontario's Limitations Act, you generally have two years from the date of the fall to actually start a lawsuit. Giving notice does not stop that clock. Both deadlines matter.
What you should do after a fall on ice
- Get medical attention right away, even if the injury seems minor. Some injuries get worse over days or weeks.
- Take photos of the exact spot, the ice, and the surrounding area before conditions change.
- Report the fall to the property owner, store manager, or building staff, and ask them to make a written incident report.
- Keep the footwear you were wearing. Defendants often argue the injured person had improper footwear.
- Get names and contact information for any witnesses.
- Speak to a lawyer quickly, because the 10 day and 60 day notice periods move fast.
The bottom line
You can sue for a fall on ice in Ontario, but only if you act quickly. Ten days for municipal property. Sixty days for snow and ice on private property. Two years to start the lawsuit. The sooner you get advice, the more options you have.
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Claim.ca is a free platform operated by Marty Mikhail, a lawyer licensed by the Law Society of Ontario. Legal services are provided by Lemonade Law™, Marty Mikhail's personal legal practice.