Snow and ice are hallmarks of a Canadian winter; however, they can also pose serious hazards if not properly managed. These conditions create a duty of care owed to the public by municipalities, occupiers, and property owners.
Occupiers and owners of property have a responsibility to ensure their premises are reasonably safe for people, and municipalities must address unsafe conditions, including snow and ice removal on roads.
If you have been injured due to snowy or icy conditions, you must provide timely written notice to the municipality and/or the occupier and owner to protect your right to pursue legal action. The required notice periods are as follows:
- Section 6.1 of the Occupier’s Liability Act: You must provide written notice of your personal injury claim within 60 days of the incident to the occupier and, if known, any independent contractor employed by the occupier. Notice must include the date, time, and location of the incident.
- Section 44(10) of the Municipal Act: You must notify the municipality in writing within 10 days of the injury. Notice must include your injuries and the date, time, and location of the occurrence.
