Slip and fall accidents happen unexpectedly -- one minute you're walking on a sidewalk or through a parking lot, and the next you're on the ground in pain. Beyond the shock and injury, many people are surprised to learn that if your fall happened on municipal (city) property in Ontario, you have a very short window to take legal action. In fact, Ontario law gives you just 10 days to formally notify the municipality of your potential claim. Missing this critical deadline could mean losing your right to compensation entirely.
In this blog post, we explain Ontario's 10-day notice requirement for slip and fall claims on government property (like city sidewalks, roads, or parks), who you need to notify, what to include, and what happens if you miss the deadline. We'll also walk you through a step-by-step guide on what to do immediately after a slip and fall, especially on municipal property. Our goal is to keep things clear, practical, and jargon-free -- because dealing with an injury is hard enough without legal confusion.
If you slip and fall on city or municipal property in Ontario, a special law applies. Under Ontario's Municipal Act, 2001, you must give the municipality written notice of your injury within 10 days of the accident. In simple terms, this means you (or someone on your behalf) need to send a letter to the city within 10 days that says you were hurt, when and where it happened, and that you may hold them responsible. This notice is essentially a formal heads-up to the city. It allows the municipality to investigate the incident while the evidence is fresh and gives them a chance to fix the hazard before someone else gets hurt.
Why such a short deadline? The rule is designed to protect evidence and give the city a chance to address the hazard quickly. Ten days can fly by, especially when you're focused on medical appointments and recovery, but the law makes this early notification mandatory. It's separate from the standard limitation period for injury lawsuits. In Ontario, you generally have two years to file a lawsuit for a personal injury. However, for municipal slip and falls, you still need to send this 10-day notice right away, or you could lose the right to sue altogether.
It's worth noting that Ontario also has a notice rule for certain slip and falls on private property. In 2020, the law was changed to require a 60-day notice for injuries caused by snow or ice on privately owned property. So, if you slipped on an icy store parking lot or a private driveway, you have 60 days to notify the owner or winter maintenance contractor. But for municipal property, the timeline is much shorter -- just 10 days. In other words, a fall on a city sidewalk triggers a stricter deadline than a fall on a private sidewalk.
When a slip and fall happens on municipal property, your written notice must be delivered to the correct government official. Ontario law directs you to serve the notice on the clerk of the municipality. Every city or town has a City Clerk's office (usually at the City Hall or municipal offices) that handles official communications. You should personally deliver or send your notice by registered mail to that clerk. Registered mail or personal delivery is important because it provides proof that the city received your notice within the 10-day period.
There isn't a fancy legal form required; a simple letter will do, as long as it contains the key details. Make sure your notice letter includes:
You don't need to draft a full lawsuit or go into extreme detail -- a summary is fine. For example: "On January 15, 2025, at approximately 3:00 p.m., I slipped and fell on an icy sidewalk in front of 123 Main Street due to what appeared to be untreated ice. I injured my back and hip and sought medical attention at the hospital."
Sometimes it's not obvious whether the spot where you fell is city-owned or private. It could be a sidewalk in front of a store -- in many cases sidewalks are city property, but what if it's in a plaza or in a condominium complex? If you're not sure, it's best to err on the side of caution: send notice to the municipality and notify the property owner or manager if there is one. Duplicating the notice won't hurt, and it ensures you don't miss the deadline due to a mix-up. You can always sort out the details later, but you can't undo a missed deadline.
Failing to send the written notice on time can have serious consequences for your case. Under the law, if you don't notify the municipality within 10 days, you can be disentitled from suing them for your injuries. In plain English, the city can move to throw out your claim because you didn't follow the notice requirement -- your claim could be legally blocked before it even begins.
However, don't lose hope if you've missed the 10-day window. The law recognizes that sometimes there are good reasons for being late. Under section 44(10) of the Municipal Act, a court can still allow your lawsuit to proceed if you can show two things: you had a reasonable excuse for the delay, and the municipality was not prejudiced (harmed) by receiving late notice.
There's no fixed list, but examples might include:
Simply not knowing about the 10-day rule by itself isn't enough, but courts may consider it alongside other factors. The second part, lack of prejudice to the city, generally means the city still had an opportunity to investigate the accident despite the late notice -- maybe the hazardous condition was still there, or the city had already been aware of the problem.
Ontario courts have shown that if there's no significant prejudice to the city, even a modest excuse may be enough to forgive a late notice. For instance, in one case a woman who tripped on a pothole was allowed to proceed with her claim even though her formal notice was about three months late, because she had been trying to cope with her injuries and job and didn't immediately realize how serious her condition was. The court found her reasons reasonable when combined, and crucially, the City of Toronto was not prejudiced because the pothole was still there and could be investigated.
That said, relying on an exception is risky. You don't want your case to become an uphill battle over whether your excuse is "good enough." The safest course is always: meet the 10-day deadline if at all possible. By getting the notice in on time, you avoid this entire fight. If the 10 days have already passed, it's even more important to speak with a personal injury lawyer right away to see if an exception can be argued and to ensure you take all other necessary steps. Courts can allow late notice, but it's not guaranteed.
One more thing to keep in mind: If your slip and fall was due to snow or ice on municipal property, Ontario law sets a higher bar for proving the city's fault. You can only win a claim against a municipality for icy or snowy conditions if the city was "grossly negligent," not just normally negligent. In other words, the city's conduct must have been extremely careless or flagrant. This means that even if you give notice on time, you'll need strong evidence to show the city blatantly failed in its duty to keep sidewalks and roads reasonably safe in winter conditions.
Suffering a fall is stressful and often disorienting. It's completely understandable if you're not sure what to do in the immediate aftermath. Here's a practical step-by-step guide to protect your health and your rights, especially if your accident happened on municipal property:
Your health comes first. Check yourself for injuries and call for help if needed. If you're seriously hurt, dial 911 or have someone call for an ambulance. Even if you think you're "okay" or the pain seems manageable, it's wise to get checked by a doctor as soon as possible. Some injuries, like concussions or soft tissue damage, might not be obvious right away but could become serious later. Getting medical attention also creates a record that your injuries happened on a specific date, which can be important evidence.
If you can do so safely (or if someone with you can), collect evidence at the scene right after the fall. Conditions can change quickly -- ice melts, spills get cleaned, obstacles get moved. Take photos or video of what caused your fall. Capture the wider scene too, not just a close-up, to show context. Note the date and time of the accident and the exact location. If it's a sidewalk, what address or intersection is it near? If there's a street sign or landmark, get that in your photos too. The more detail you capture, the stronger your case will be later.
Look around for anyone who saw you fall or who came to help afterward. Get their names and contact information if possible. Witnesses can provide independent testimony about the hazard and how the fall occurred -- for example, confirming that "the sidewalk was very icy and not salted" or "several people had slipped in that same spot." Even a short statement from a witness can support your case later.
This step is often overlooked, but it can be helpful. Save the shoes and clothes you were wearing during the fall, especially if the fall involved snow, ice, or a substance on the ground. Don't wash them or continue wearing them regularly -- put them in a bag as-is. Your footwear's condition can become evidence. For instance, the tread on your shoes might be examined, or your clothes might have mud or salt stains that corroborate the conditions. Preserving everything can only help your case.
If your slip and fall happened at a business or private property, report it to the management or owner immediately. Tell a store manager, security, landlord, or whoever is in charge, and make sure they log the incident. If the fall happened on city property, there may not be an obvious person to report it to at the scene. However, you can still notify the city as soon as possible. Many municipalities have dedicated phone lines or online platforms to report injuries or hazards.
This is the critical legal step if your fall was on municipal property. As soon as you are able, prepare your written notice of claim and send it to the city within the 10-day window. Include the date, time, and location of your fall, a brief description of what happened, and your contact info. There's no special form needed; a typed or neatly written letter will do. Be sure to address it to the City Clerk and state that it's a notice of injury under Section 44 of the Municipal Act.
While not every slip and fall leads to a lawsuit, it's often very helpful to speak with a lawyer early on. An experienced personal injury lawyer -- especially one familiar with slip and fall cases in your area -- can guide you through the process and handle many of the steps above on your behalf. For example, we can help draft and send the notice letter to make sure it's done correctly and on time, investigate who exactly is responsible for the property where you fell, deal with insurance companies, and gather evidence to build a strong case if you decide to pursue compensation.
A slip and fall on city property can throw your life into chaos -- you might be dealing with pain, medical appointments, time off work, and now legal deadlines that come up fast. We understand that this is a stressful and confusing time. Our personal injury law firm is here to support you. Don't worry if you're feeling overwhelmed by the 10-day notice rule or the idea of taking on a city government; that's what we do for our clients every day.
If you or a loved one has been injured in a slip and fall accident on municipal property in Ontario, contact us today for a free, no-obligation consultation. We will listen to your story, explain your rights in plain language, and help you figure out the next steps. If you choose to work with us, we'll handle the paperwork and deadlines -- including sending the proper notices -- and fight to get you the compensation you deserve while you focus on your recovery.
Time is of the essence, so don't delay. Even if you're within a few days of the 10-day deadline (or have passed it), reach out to our team and we'll do everything we can to protect your claim. Navigating the legal aftermath of a slip and fall can be daunting, but you don't have to go through it alone. Call us or send us a message now -- let us help turn a scary situation into a path forward toward healing and justice.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you've been injured in a slip and fall accident, consult with an experienced personal injury lawyer about your specific situation.
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