Slip and Fall Claims in Ontario: What You Need to Know

Occupier's Liability in Ontario

Slip and fall claims in Ontario are governed by the Occupiers' Liability Act. An "occupier" is anyone who controls a premises — including property owners, tenants, businesses, municipalities, and property managers. Occupiers have a general duty to take reasonable care to ensure that persons entering the premises are reasonably safe in doing so.

The Standard of Care

The standard expected of occupiers is "reasonable care in the circumstances." This means: regular inspection and maintenance, prompt attention to hazards (ice, water, broken surfaces), proper lighting, and warning signs for known hazards. What is "reasonable" depends on the nature of the premises — a shopping mall has a higher duty of care toward customers than a private homeowner has toward visitors.

Winter Maintenance and Snow and Ice Falls

Winter slip and fall cases are common in Ontario. For commercial properties and municipalities, the duty to maintain safe conditions extends to snow and ice removal. Failure to address known ice accumulation, allowing snow to melt and refreeze, or unreasonably delayed salting/sanding can establish liability.

Important: for municipalities, you must give notice within 10 days of a slip and fall on a municipal sidewalk or road. Missing this notice period can bar your claim.

What to Do Immediately After a Fall

• Seek medical attention — even if you feel minor pain; document your injuries professionally
• Report the incident to the property owner or manager in writing
• Take photographs of the area where you fell and the hazard that caused it
• Get the names and contact information of any witnesses
• Keep records of your medical treatment, lost wages, and other expenses