A significant Bill, which changes the law regarding slip and fall accidents in Ontario was considered and passed by the Standing Committee on Regulations and Private Bills just two weeks ago. Bill 118 imposes a 60-day notice period on actions against property owners and independent contractors for damages for personal injury caused by snow or ice. The Bill originally suggested a 10-day notice period, which is the same as the notice period that applies to municipalities; however, after consultation the Bill was amended. The Bill still requires Third Reading and debate in the Legislature before it becomes law. The proposed changes require that an occupier or independent contractor employed to remove snow and ice receive notice of the claim by personal service or registered mail.
Why the change?
The driving force behind the Bill was landscaping and snow removal companies who argued that they have experienced increases in their liability insurance premiums. This change to the Occupiers’ Liability Act will greatly affect the ability of those who suffer injury as a result of a slip and fall to seek compensation for their injuries. Those who have suffered significant injury from a fall are often not contemplating a lawsuit or are unable to retain a lawyer in the months after their fall.
What is actually done in practice?
While Courts do allow some claims to proceed when notice periods are missed (where a judge finds there is a reasonable excuse and the defendant is not prejudiced), there are important consequences flowing from this change. Claims will likely decrease as lawyers are less likely to become involved in cases where the notice period has expired and victims may not pursue their claims because they do not believe they can defeat a notice period defence (even if the facts support this). Lawyers will face the challenge of identifying all potential defendants in a very short time period, which is sometimes not possible when insurers don’t respond in a timely manner. The Courts may face an additional strain on their resources, as appearances are required to address the question of whether or not a party should be added.
Will this change do what it was set out to do?
While the commentary seems to indicate that the Bill was meant to decrease the number of frivolous claims, it may actually impact those who have been seriously injured because those individuals can require the most time to determine their rights.
If you have been in a similar situation please feel free to contact us for a free personal injury consultation.
