Providing Written Notice Now Required In Claims For Injury Due To Slips and Falls: Bill 118

by Kris Bonn
Bill 118 changes the way people can claim compensation for slips and falls on icy sidewalks like this one.

Bill 118 Amends The Occupier's Liability Act In Ontario. 

We are in the midst of a global pandemic that is disrupting everyone’s lives. Quietly and without a lot of public discussion or debate, the Ontario Government recently passed Bill 118. The Bill is an amendment to the Occupier’s Liability Act which now prohibits a person who suffers a personal injury caused by snow or ice from making a claim against an occupier or an independent contractor employed by the occupier unless, within 60 days after the occurrence of the injury, written notice of the claim is served.

Bill 118 received Royal Assent on December 8, 2020. This is the law in Ontario.

People are no safer from slips and falls and may unfairly be denied compensation because of Bill 118. 

This is a warning to all who suffer injury from a slip and fall on ice – you must provide written notice to the business where you fell within 60 days or you will likely lose your right to compensation for your injuries.

I don’t agree with this amendment. Its only impact is to unfairly deny injured people compensation caused by negligent behaviour. This change will not make private businesses safer or protect people from injury.

The responsibility for customer and public safety in this matter should rest squarely with businesses.

A better way to achieve the worthy goal of keeping people safe is to hold businesses accountable for their negligent actions. Businesses that invite the public to come to their buildings have the responsibility to ensure that their premises are safe. This includes taking reasonable care to remove ice and snow so customers and the public are not in danger of slipping and falling.

Keep in mind that the law already requires the injured person to prove that the defendant occupier or business failed to take reasonable care to keep the premises safe. If the defendant occupier/business can prove that they took reasonable measures to keep the premises safe – there is no liability and no payment of any money. Only negligent businesses have to pay anything. Therefore, the changes implemented by Bill 118 serve no purpose but to give a free pass to negligent businesses that endanger the public.

Update your friends and family about this change and help them protect their rights in case of injury. 

Unfortunately, there is nothing that we can do now to change the law. What we can do is get the word out so that more people know to immediately speak to a lawyer after slipping and falling on ice. At the very least, provide written notice to the business where you fell and do this within 60 days of the incident. Protect yourself and protect your friends and family – let them know.