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Amendment to Occupiers’ Liability Act Creates 60 Day Notice Requirement

By Ara Basmadjian and Barbara Grossman
January 7, 2021
  • Limitation Periods contained in "Other Acts"
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Bill 118, the Occupiers’ Liability Amendment Act, 2020, SO 2020, c 33, received royal assent on December 8, 2020 and creates an important notice requirement for personal injury claims caused by snow or ice.

The amendment states, among other things, that “[n]o action shall be brought for the recovery of damages for personal injury caused by snow or ice against [an occupier or an independent contractor employed by the occupier] unless, within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least [the occupier or the independent contractor].” Notice to either the occupier or the independent contractor satisfies the prerequisite for a lawsuit against both.

Notably, the failure to comply with the notice requirement is not a bar to the action in the case of the death of the injured person or if a judge determines “that there is a reasonable excuse for the want or the insufficiency of the notice and the defendant is not prejudiced in its defence.”

The amendment will be added as section 6.1 of the Occupiers’ Liability Act, RSO 1990, c O.2 and provides occupiers and independent contractors with an early opportunity to investigate the slip and fall incident, gather relevant evidence, such as security camera footage that might otherwise be deleted, and take any remedial measures that are required in the circumstances. The amendment will come in force on a date to be determined by proclamation of the Lieutenant Governor of Ontario.

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Ara Basmadjian

About Ara Basmadjian

Ara Basmadjian is a Partner in the Litigation and Dispute Resolution group at Dentons Canada LLP. His practice involves a variety of complex corporate, commercial and civil litigation matters. Ara has particular experience in cases involving commercial contracts, negligence, product liability, class actions, competition law, cannabis in Canada, and extraordinary remedies, such as injunctions.

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Barbara Grossman

About Barbara Grossman

As a partner in Dentons Canada LLP's Litigation and Dispute Resolution practice group, Barbara practises in all areas of commercial litigation, including class actions, with an emphasis on insolvency, banking and finance, and real estate litigation. Barbara also has extensive experience in the areas of professional liability, intellectual property litigation, estate, trust and pension litigation, litigation in the aviation industry and injunctions and other extraordinary remedies.

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