December 3, 2019
Ontario considers changes to slip and fall lawsuits
The Ontario government is poised to significant reduce the statute of limitations for slip and fall claims from two years to 10 days. Bill 118, Occupiers’ Liability Amendment Act, put forward by Progressive Conservative MPP Norman Miller, is currently being reviewed by the standing committee on regulations and private bills.
“The Bill amends the Occupiers’ Liability Act to provide that no action shall be brought for the recovery of damages for personal injury caused by snow or ice against an occupier, an independent contractor employed by the occupier or, in the case of a tenancy described in subsection 8 (1) of the Act, a landlord, unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury are served.”
Exemptions include cases where the injury from the slip and fall results in death or where a judge finds there is a reasonable excuse for the delay.
“The Bill amends the Occupiers’ Liability Act to provide that no action shall be brought for the recovery of damages for personal injury caused by snow or ice against an occupier, an independent contractor employed by the occupier or, in the case of a tenancy described in subsection 8 (1) of the Act, a landlord, unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury are served.”
Exemptions include cases where the injury from the slip and fall results in death or where a judge finds there is a reasonable excuse for the delay.