February 1, 2021

Winter maintenance liability bill passes in Ontario

The Ontario provincial legislature passed Bill 118, the Occupiers' Liability Amendment Act, on Dec. 3, 2020.

The bill took effect in January, 2021 after receiving royal assent from Ontario’s Lieutenant Governor.

The new law requires slip and fall claimants to provide written notice to a property owner, property manager, snow removal contractor or tenant within 60 days of the incident. The previous time period was two years. The written notice must also include the location, date and time of the incident. Landscape Ontario’s Executive Director Tony DiGiovanni calls rising insurance rates for winter maintenance contractors “a crisis,” and says the association’s snow and ice management sector group is engaging with government officials and the insurance industry to find solutions.