Slip and fall liability in Ontario has a winter deadline. Anyone injured by snow or ice on private property must give the occupier or its snow contractor written notice within 60 days, stating the date, time and location, by personal service or registered mail. The notice does not decide fault, and the two-year limitation period to sue still applies. For a business, a claim can arrive weeks after a fall, and your liability insurance, lease and snow contract decide who pays.
The rule comes from section 6.1 of the Occupiers’ Liability Act, added by Bill 118, the Occupiers’ Liability Amendment Act, 2020. It received Royal Assent on December 8, 2020 and came into force on January 29, 2021. Before that, there was no notice requirement, only the two-year limitation period. Mid-October is the right time to review this, before the first snowfall and before this season’s snow-removal contracts are signed.
What does the 60-day notice rule for slip and fall claims in Ontario require?
Section 6.1 says no action for personal injury caused by snow or ice can be brought against an occupier or its snow contractor unless written notice reaches at least one of them within 60 days. The main points:
- Who can receive it: an occupier of the premises, or an independent contractor the occupier hired to clear snow or ice there during that period.
- What it must say: the date, time and location of the occurrence.
- How it must be served: personally or by registered mail.
- Passing it on: an occupier that receives notice must serve a copy on any other occupiers and on its snow contractor. A contractor that receives notice must serve a copy on the occupier that hired it. The Act sets no deadline for passing it on, so do it right away.
- Once one gets it, it counts for all: proper notice to one occupier or contractor satisfies the rule for every defendant, even ones who never received it.
There are two exceptions. The deadline does not apply if the injured person died as a result of the injury. A judge can also allow a late or incomplete notice if there is a “reasonable excuse” and the defendant’s defence is not prejudiced. The Act does not define “reasonable excuse”, and LAWPRO notes that Ontario courts have read the same phrase in municipal cases broadly. Treat 60 days as a guide, not a guarantee that a late claim is dead.
Why the rule exists
The bill began in 2019 as a private member’s bill from then-MPP Norm Miller. It was framed as relief for snow-removal contractors whose liability premiums had risen sharply, partly because claims could surface up to two years after a fall, when it is hard to show what the site looked like. The bill first proposed a 10-day notice period. A legislative committee changed it to 60 days after lawyers raised concerns.
Who is liable for a slip and fall on ice at an Ontario business?
Under the Act, an “occupier” includes anyone in physical possession of the premises, or anyone with responsibility for and control over its condition, the activities there, or over who is allowed to enter. There can be more than one occupier of the same property. An occupier owes a duty to take reasonable care, in all the circumstances, that people and their property are reasonably safe while on the premises.
In practice, a single icy entrance can involve several parties:
| Party | Why they may be an occupier or defendant | What decides their share |
|---|---|---|
| Property owner or landlord | Owns the premises and often controls common areas and parking | The lease: who must clear snow, and where |
| Commercial tenant | Is in possession of its unit and often its entrance and walkway | The lease, and what the tenant actually does in practice |
| Property manager | May control maintenance on the owner’s behalf | The management agreement |
| Snow-removal contractor | Clears and salts the site under contract | The contract’s scope, service triggers and hold-harmless wording |
A notice under section 6.1 does not prove anyone was careless. Liability still turns on whether the occupier took reasonable care in the circumstances. Clearing records, salting logs and photos are often what decide that.
Does the 60-day rule apply to public sidewalks?
Usually not. The Occupiers’ Liability Act does not apply to a municipality or the Crown as occupier of a public road or highway. Falls on municipal property are governed by other statutes, such as the Municipal Act, 2001 and the City of Toronto Act, 2006, which generally require notice within 10 days.
| Where the fall happened | Notice rule | Who gets notice |
|---|---|---|
| Private property: your parking lot, entrance, walkway or loading dock | Written notice within 60 days (Occupiers’ Liability Act, s. 6.1) | Any occupier, or the occupier’s snow contractor |
| Municipal sidewalk or road | Generally 10 days under municipal statutes | The municipality |
| Boundary is unclear | LAWPRO advises claimants’ lawyers to meet both deadlines | Both |
In every case, the two-year limitation period under the Limitations Act, 2002 still applies to starting a lawsuit. Some municipalities also have by-laws requiring owners to clear the sidewalk in front of their property, so check your local by-law.
Does business insurance cover slip and fall claims in Ontario?
Commercial general liability (CGL) insurance is the policy that usually responds when a customer, visitor or delivery driver is injured on your premises. It typically pays for your legal defence and for damages you are found legally liable for, up to your limit. Our guide to commercial general liability insurance in Ontario explains how CGL works in general. This article covers the winter-specific steps.
Three points to check with your broker before winter:
- Your limit. Consider whether your per-occurrence limit would cover a serious injury claim, including defence costs.
- Your reporting condition. Liability policies generally require you to tell your insurer promptly about an occurrence or claim. A section 6.1 notice is a claim document. Send it to your broker or insurer the day it arrives, not after you have decided whether it has merit.
- Who else is insured. If your lease or snow contract says another party must add you as an additional insured, get the certificate before the season starts.
Injuries to your own workers are different. If your business has WSIB coverage, the WSIB describes it as no-fault workplace insurance that protects employers from costly court settlements. That is a separate system from CGL. If you are not covered by WSIB, ask us about employer’s liability coverage.
What should Ontario businesses do before the first snowfall?
- Read the snow clauses in your lease. Confirm who clears which areas, including parking, entrances, ramps and the public sidewalk, and who must insure what.
- Put the snow contract in writing. Define the service area, the trigger (for example, a set snowfall depth), the salting standard and response times. Check whether a hold-harmless clause shifts liability to you or to the contractor.
- Collect the contractor’s certificate of insurance. Confirm the CGL limit and policy dates, and ask to be named as an additional insured where the contract allows.
- Keep a daily winter log. Record clearing and salting times, weather conditions and who did the work. Timestamped photos help. Landscape Ontario, the industry association for snow contractors, stresses that detailed records can decide the outcome of a claim.
- Set up a notice procedure. Make sure staff know that a registered letter or hand-delivered notice about a fall goes straight to the owner or manager.
- Report fast. Forward any notice to your broker or insurer, and serve copies on your landlord or other occupiers and your snow contractor, personally or by registered mail. Keep proof of service.
- Keep records for at least two years. That matches the basic limitation period. Your insurer or lawyer may advise keeping them longer.
[AAXEL to confirm or replace: one real, anonymised example of a winter slip-and-fall claim AAXEL has helped a commercial client with, or delete this line.]
How AAXEL can help
AAXEL Insurance Brokers reviews CGL limits, lease insurance clauses and contractor certificates for businesses across Ontario. Contractors who clear snow can start with our contractors insurance page. Property owners can review commercial property insurance alongside liability. If you have received a notice, see our claims page or request a call back and a broker will walk you through next steps.
This article is general information about Ontario law and insurance as of October 14, 2026. It is not legal advice. If you have received a notice of claim or been injured, speak with a lawyer and your insurer.
FAQ
Publish under an H2 “Frequently asked questions”. Each answer is written to stand on its own.
How long do you have to report a slip and fall on ice in Ontario? For snow or ice on private property, written notice must reach the occupier or its snow contractor within 60 days of the injury, under section 6.1 of the Occupiers’ Liability Act. The notice must state the date, time and location and be served personally or by registered mail. A lawsuit must still be started within the two-year limitation period.
When did the 60-day snow and ice notice rule start? Bill 118, the Occupiers’ Liability Amendment Act, 2020, received Royal Assent on December 8, 2020 and came into force on January 29, 2021. Before then, Ontario had no notice requirement for these claims, only the two-year limitation period.
Can a slip and fall claim go ahead if notice is late? Sometimes. A judge can allow a late or incomplete notice if there is a reasonable excuse and the defendant’s defence is not prejudiced. The deadline also does not apply if the injured person died as a result of the injury.
Who is liable for a slip and fall in front of a business in Ontario? Any “occupier” can be: someone in possession of the property or with control over its condition or activities. A landlord, tenant, property manager and snow contractor can all be involved in one claim. The lease, snow contract and whether reasonable care was taken decide who pays.
Does the 60-day rule apply to a fall on a city sidewalk? Generally no. The Occupiers’ Liability Act does not apply to a municipality as occupier of a public road or highway. Falls on municipal property fall under statutes such as the Municipal Act, 2001, which generally require notice within 10 days.
Does commercial general liability insurance cover slip and fall claims? CGL is the policy that usually responds when a customer or visitor is injured on your premises, covering defence costs and damages up to your limit. Check your wording, limit and any exclusions with your broker. Report any notice of claim to your insurer promptly.
What should a business do if it receives a 60-day notice? Send it to your broker or insurer the same day. Serve copies on any other occupiers and on your snow contractor, personally or by registered mail, as section 6.1 requires. Preserve your snow logs, photos and contracts.
Do snow removal contractors in Ontario need liability insurance? Commercial clients commonly ask snow contractors for a certificate of insurance, and contractors can receive section 6.1 notices directly. A contractor should carry CGL with limits that match its contracts and review any hold-harmless clauses before signing.
Is an employee who slips on ice at work covered by CGL? Usually not. Workplace injuries to your own workers are generally handled through the WSIB, which describes its coverage as no-fault workplace insurance that protects employers from costly court settlements. Employers without WSIB coverage should ask a broker about employer’s liability insurance.
How long should a business keep snow clearing records? At least two years, to match Ontario’s basic limitation period for starting a lawsuit. Your insurer or lawyer may advise keeping them longer.
5. Sources
Sources (publish as a visible list under the article; all opened on October 14, 2026)
- Bill 118, Occupiers’ Liability Amendment Act, 2020, Legislative Assembly of Ontario: s. 6.1 text (60-day written notice, date/time/location, personal service or registered mail, forwarding duties, death and reasonable-excuse exceptions), third reading December 3, 2020, Royal Assent December 8, 2020.
- Occupiers’ Liability Act, R.S.O. 1990, c. O.2, Ontario e-Laws: the official consolidated statute. Link this one in the published list. The page needs JavaScript, so the definitions of “occupier” (s. 1) and the duty of care (s. 3(1)) were read from the vLex consolidation from January 29, 2021, which also confirms the in-force date and amending Act (2020, c. 33).
- New 60 Day Notice Requirement in Occupiers’ Liability Act, LAWPRO practicePRO: in force January 29, 2021; no prior notice period; two-year limitation still applies; s. 10(2) public-highway exclusion; 10-day municipal notice periods; broad reading of “reasonable excuse”; no deadline for forwarding copies; advice to meet both deadlines where location is unclear.
- Bill 118 receives Royal Assent, Landscape Ontario: Norm Miller private member’s bill introduced in 2019; original 10-day proposal amended to 60 days in committee; insurance-cost background.
- Rising insurance rates racks snow and ice industry, Landscape Ontario: importance of detailed site records; contracts and hold-harmless clauses.
- Your Guide: services and responsibilities (business edition), WSIB: coverage described as “guaranteed no-fault workplace insurance that protects you from costly court settlements”.
Disclaimer
This article is general information about Ontario law and insurance as of October 14, 2026. It is not legal advice. Coverage depends on your policy wording, limits and exclusions. If you have received a notice of claim or been injured, speak with a lawyer and your insurer.
