You now have 10 days to file your claim for injury resulting from slip and fall on snow or ice.

June 25, 2019, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Bill 118, Occupiers’ Liability Amendment Act, 2019 has now passed second reading. It makes it more important than ever that anyone who is injured in a slip and fall accident on the snow or ice contact a lawyer immediately if they hope to receive compensation for their injuries and to access funding for their treatment.

The Bill amends the current Occupiers’ Liability Act and provides that “no 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.”

Specifically it defines a limitation period for injuries resulting from snow and ice and it states that:

6.1  (1)  No action shall be brought for the recovery of damages for personal injury caused by snow or ice against a person or persons listed in subsection (2) unless, within 10 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been served on one or more of the persons listed in subsection (2).

Same

(2)  The persons referred to in subsection (1) are the following:

   1.  An occupier.

   2.  An independent contractor employed by the occupier.

   3.  In the case of a tenancy described in subsection 8 (1), a landlord.

Exception

(3)  Failure to give notice is not a bar to the action in the case of the death of the injured person as a result of the injury.

Same

(4)  Failure to give notice or insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or the insufficiency of the notice and that the defendant is not prejudiced in its defence.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.