Slip and fall accidents are among the most common causes of personal injury claims in Ontario. Whether caused by icy sidewalks, wet floors, or uneven surfaces, these incidents can lead to serious injuries, costly medical bills, and lost wages. While compensation may be available, it’s critical for victims to understand that strict legal deadlines apply to slip and fall claims. Missing these timeframes could mean losing your right to pursue compensation altogether.
This article explains the key timelines for filing slip and fall claims in Ontario, what exceptions may apply, and why seeking legal advice as soon as possible is essential.
The General Limitation Period
Under Ontario’s Limitations Act, 2002, most personal injury claims must be filed within two years from the date of the accident. This means you generally have two years to start a lawsuit against the responsible party, such as a property owner, occupier, or municipality.
Failing to file within this two-year period usually bars you from making a claim, no matter how severe your injuries may be. This rule applies to the majority of slip and fall incidents that occur on private or commercial property.
Shorter Deadlines for Municipal Property
If your slip and fall accident occurred on municipal property—for example, a city sidewalk, public park, or roadway—different rules apply.
Under the Municipal Act, 2001, you must provide written notice of your claim within 10 days of the accident. This notice should include:
The date, time, and location of the fall.
A description of the accident.
Your intention to pursue a claim.
The notice must be delivered to the clerk of the municipality. If you fail to provide this notice within 10 days, your claim may be denied—unless you can prove that you had a reasonable excuse and the municipality is not prejudiced by the delay.
Why These Deadlines Exist
Time limits are in place to ensure that claims are handled fairly. The longer a victim waits, the harder it becomes to gather reliable evidence such as witness statements, surveillance footage, or maintenance records. These deadlines encourage timely reporting and resolution while protecting defendants from facing claims many years after an incident.
Exceptions to the Time Limits
While the two-year limitation period and 10-day municipal notice requirement are strict, certain exceptions may apply:
Minors (under 18 years old): The two-year clock does not begin until the child turns 18.
Incapacity: If the injured person is mentally incapable of pursuing a claim, the limitation period may be suspended until they regain capacity or a litigation guardian is appointed.
Reasonable Excuse for Municipal Notice: Courts may allow late notice if the injured party had a valid reason (such as hospitalization) and the delay does not harm the municipality’s ability to investigate.
Even with these exceptions, it is always safer to act quickly to preserve your right to compensation.
Steps to Take Immediately After a Slip and Fall
To protect your legal rights, you should:
Seek Medical Attention: Get treated for your injuries and ensure that all medical visits are documented.
Report the Accident: Notify the property owner, occupier, or municipality as soon as possible.
Document Evidence: Take photographs of the hazard, record witness details, and keep receipts related to your injuries.
Consult a Lawyer: A personal injury lawyer can help ensure you meet deadlines, file proper notices, and avoid mistakes that could cost you your claim.
The Role of a Personal Injury Lawyer
Navigating slip and fall claims can be challenging, especially with strict deadlines. A lawyer can:
File the necessary notices within the correct timeframe.
Investigate the circumstances of your fall and gather evidence.
Negotiate with insurance companies for a fair settlement.
Represent you in court if a settlement cannot be reached.
Because most personal injury lawyers in Ontario work on a contingency fee basis, you typically don’t pay legal fees upfront—they only get paid if your case is successful.
Final Thoughts
Time is a critical factor in slip and fall cases in Ontario. While you generally have two years to file a claim, the deadline is much shorter—just 10 days—if the fall occurred on municipal property. Exceptions may apply, but they should not be relied upon as a guarantee.
If you’ve been injured in a slip and fall accident, the best course of action is to act quickly: seek medical attention, document the incident, and consult with a personal injury lawyer. By understanding and respecting these timeframes, you improve your chances of securing the compensation you need for recovery.
To understand how long you have to file, check out our comprehensive guide on Timeframes for Filing Slip & Fall Claims in Ontario.
