How Do I Give Notice After a Slip and Fall in Ontario?
If you were hurt in a slip and fall in Ontario, telling the right person in writing, quickly, can decide whether your claim survives. Some falls come with a notice deadline as short as 10 days. This guide explains who needs notice, what the letter must say, and how to send it, in plain language.
What is a notice of claim?
A notice of claim is a short written letter that tells a property owner, a municipality, or a contractor that you fell on their property, that you were injured, and that you may pursue compensation. It is not a lawsuit. It does not commit you to suing anyone. It simply protects your right to make a claim later.
Notice matters because two Ontario laws set strict time limits for giving it, and courts can bar a claim entirely when notice arrives late.
Falls on municipal property: 10 days
If you fell on a city sidewalk, a municipal road, or another property the municipality controls, the Municipal Act requires written notice within 10 days of the fall. The notice must be delivered to the clerk of the municipality, either personally or by registered mail.
Ten days pass quickly, especially when you are injured. If there is any chance the property was municipal, send the notice first and sort out the details later.
Snow and ice on private property: 60 days
Since 2021, the Occupiers' Liability Act requires written notice within 60 days for injuries caused by snow or ice on private property. That covers store entrances, plazas, apartment buildings, offices, parking lots, and private homes. The notice must include the date, time, and location of the fall, and it must be served on the occupier or the snow removal contractor personally or by registered mail.
If you do not know who the occupier or the contractor is, serve everyone who might be involved with the property: the business, the landlord, the property manager. Sending an extra letter costs nothing. Serving no one because you were not sure can be fatal to the case.
Other private property falls: no notice period, but a two year clock
For a fall on private property that did not involve snow or ice, say a wet floor inside a store or a broken step, there is generally no short notice requirement. Instead, the Limitations Act, 2002 gives you two years from the date of the fall to start a lawsuit. Prompt written notice is still a good idea: it creates a record, and it prompts the owner to preserve camera footage and incident reports.
What the notice letter should say
Keep it short and factual. A proper notice includes:
- Your full name and contact information.
- The date and the approximate time of the fall.
- The exact location, described precisely enough that the owner can find the spot. Name the store, the address, and the specific area, for example the entrance ramp or the aisle.
- A plain statement that you fell, that you were injured, and that you may pursue a claim.
Do not guess at legal conclusions and do not exaggerate. State the facts. You can add detail later once you have advice.
What if the deadline has already passed?
Missing a notice deadline is serious, but it is not always the end. Both statutes let a court excuse late notice where you have a reasonable excuse and the owner or municipality is not prejudiced by the delay. Serious injury that kept you from acting can be such an excuse. The notice requirements also do not apply where the fall caused a death.
These are narrow exceptions decided case by case, and you should never plan around them. If you think you are late, get legal advice immediately rather than assuming the claim is gone.
Steps to take today
- Write down the date, time, and exact location of the fall while it is fresh.
- Photograph the spot and your injuries if you can.
- Identify the property: municipal, private, or unclear. If unclear, treat the 10 day deadline as yours.
- Send written notice by registered mail, and keep the receipt and a copy of the letter.
- See a doctor and follow the treatment plan; medical records support the claim.
- Speak to a lawyer promptly. Notice is only the first deadline; the two year limitation period to start a lawsuit runs separately.
The bottom line
Ten days for municipal property. Sixty days for snow and ice on private property. Two years to start a lawsuit in most other cases. Send a short, factual letter by registered mail, keep proof, and get advice early. Quick notice costs nothing and protects everything.
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