Why Written Notice Can Make or Break Your Ontario Slip and Fall Claim

Slip and fall accidents happen quickly, but the consequences can last months or even years. Since 2005, Auger Hollingsworth Accident & Injury Lawyers has guided thousands of injured Ontarians through the complex process of pursuing compensation after serious accidents, from icy sidewalks to poorly maintained parking lots. Our slip and fall lawyers have seen how one small step taken early on can determine the outcome of an entire claim.

One of the most critical steps is also the one most people overlook: meeting Ontario’s strict written notice requirements.

These rules are not well known to the public, yet they play a central role in whether an injured person is allowed to advance a claim. Missing a notice deadline can severely limit your legal options, which is why understanding this obligation immediately after a fall is essential.

Why Written Notice Is a Legal Requirement—Not a Courtesy

In Ontario, slip and fall cases fall under the Occupiers’ Liability Act and, for municipal sidewalks, the Municipal Act, 2001. Both laws require injured people to provide written notice to the property owner or municipality within a very short timeline.

This notice must communicate:

• Where you fell
• When it happened
• That you suffered injuries
• That you may pursue a claim

This step preserves your right to compensation and alerts the property owner to preserve evidence such as maintenance logs, inspection records, and surveillance footage.

In our experience, many clients believe that reporting the fall verbally or assuming the owner already knows is enough. It isn’t. The law requires formal, written notice, even when the property owner witnessed the fall.

Understanding Ontario’s Extremely Short Notice Deadlines

Ontario’s notice periods are surprisingly short. These deadlines reflect the law’s expectation that property owners must be given a fair opportunity to investigate conditions before they change.

If the fall happened on a municipal sidewalk or government property:

• Notice may be required within 7 to 10 days
• Missing this deadline can allow the municipality or other government entity to deny liability

If the fall happened on private property (stores, plazas, malls, parking lots):

• Written notice is required within 60 days

As explained in the interview, most people dealing with pain, shock, or limited mobility cannot arrange a legal consultation within a week. That is why giving notice yourself immediately is often the safest step.

How to Give Proper Written Notice

You do not need a lawyer to send the notice. You simply need to send clear written communication to anyone who may be responsible for the property.

Experienced personal injury lawyers often send notices to multiple parties because ownership and maintenance responsibility are not always obvious. For example:

• A sidewalk outside a store may be municipal property.
• A parking lot could be managed by a contractor.
• A shopping plaza may be owned by one company but maintained by another.

If you are uncertain, it is better to notify every possible occupier and let the legal team sort out responsibility later.

Most municipalities now have online forms or email portals for reporting slip and fall incidents. For private property, a mailed letter or email sent to the owner or management company is sufficient.

What If You Missed the Deadline?

Many people contact us assuming they have no claim because they did not meet the notice period. Fortunately, the law allows exceptions when there is a reasonable excuse, such as:

• Hospitalization
• Severe injury
• Delayed discovery of injury severity
• Incorrect information about property ownership

Our lawyers routinely assess whether an exception can apply. Even if you think it’s too late, it’s worth contacting a legal professional to review your situation.

What Lawyers Look For When Building a Slip and Fall Case

Once notice is given, the focus shifts to the most important legal question: Was the property owner negligent?

Ontario law requires occupiers to take reasonable steps to keep their property safe. The law does not demand perfection, especially during winter. However, it does require:

• A consistent inspection system
• Prompt response to hazards
• Use of salt, grit, or sand in icy conditions
• Documentation of maintenance activities

Insurance companies rely heavily on evidence. They do not recreate records, they review what the owner or contractor already has.

When clients come to us, we examine:

• Surveillance footage
• Weather reports and temperature fluctuations
• Snow and ice logs
• Maintenance contracts
• Witness statements
• Photographs taken at the scene

With thousands of slip and fall cases handled since 2005, we know how quickly evidence disappears and how important it is to preserve it early.

What to Do Immediately After a Slip and Fall Accident

Your actions in the first few days can significantly strengthen your claim.

1. Photograph the hazard

Capture ice, spills, uneven surfaces, poor lighting, or debris.

2. Document the area around the fall

Wide shots help establish context, particularly important for municipal claims.

3. Report the incident

To store management, security, or the municipality.

4. Seek medical attention

This protects your health and creates essential medical documentation.

5. Provide written notice

Meet the deadline, even if symptoms are still evolving.

6. Contact a personal injury lawyer

An early consultation helps protect evidence and clarifies your rights.

How Our Firm Supports Slip and Fall Victims Across Ontario

For nearly two decades, Auger Hollingsworth Accident & Injury Lawyers has built a reputation for thorough preparation, clear communication, and client-focused representation. Our lawyers draw on deep experience with Ontario property laws and a long track record of successful outcomes.

When you work with us, our team:

• Reviews ownership and maintenance responsibilities
• Sends formal notices to all relevant parties
• Secures maintenance logs and inspection records
• Collects and analyzes evidence, including weather data
• Interviews witnesses and requests security footage
• Assesses the full extent of your injuries and financial losses
• Negotiates with insurers on your behalf
• Prepares your case for court when needed

We handle the legal complexities so you can focus on healing.

Talk to a Lawyer Who Understands Slip and Fall Claims

Slip and fall injuries can be life-changing, and the rules surrounding them are more complicated than most people realize. Whether you fell on ice, tripped over a hazard, or were hurt in a poorly maintained parking lot, you deserve guidance that is grounded in real experience and trusted legal knowledge.

Not sure if you need a slip and fall lawyer? That’s okay. Start with a free consultation and get the clarity you need.