Amendments to Occupiers’ Liability Act – Snow and Ice

In our Blog of January 1, 2021, we listed our “top five things to look for in 2021”. That list included anticipated amendments to Ontario’s Occupiers’ Liability Act – relating to claims for personal injury caused by snow or ice.  As of January 29, 2021, those amendments are now in force.

The amendments to Ontario’s Occupiers’ Liability Act require that notice be provided within 60 days of the “occurrence of the injury” in order for a claim to be brought in relation to “personal injury caused by snow or ice” against an occupier or a snow removal contractor hired by an occupier. [Note that there are additional procedures / exceptions / saving measures set out in the legislation.]

The purpose of course is to afford the defendants an opportunity to accumulate and review evidence when the matter is “still fresh”.

This is important new legislation for condominium corporations (and their insurers) because condominium corporations in Ontario are of course deemed to be the occupiers of the condominium’s common elements (per Section 26 of the Condominium Act, 1998).

Depending upon the specific circumstances, a claimant’s failure to comply with this new notice requirement may prevent the claim from going forward.

Stay tuned to Condo Law News to keep up to date on the latest developments on condominium law!