When is the deadline for notice of a snow or ice personal injury claim - sixty days?
The catalogue records a 60 days period from The occurrence of the injury. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 60 days
- Trigger
- The occurrence of the injury
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- s 6.1(6): failure to give notice, or insufficiency of the notice, is not a bar to the action if a judge finds that there is reasonable excuse for the want or insufficiency AND that the defendant is not prejudiced in its defence. s 6.1(5): failure is not a bar in the case of the death of the injured person as a result of the injury. There is no power to extend the sixty days prospectively.
- Added on verification: a major Ontario slip-and-fall trap missing from the researched catalogue, introduced by SO 2020, c 33, s 1. The persons who may be served are listed in s 6.1(2): an occupier, and an independent contractor employed by the occupier to remove snow or ice during the relevant period. By s 6.1(7) notice to any one listed person preserves the action against every other listed person, even one who did not receive the notice. Sections 6.1(3) and (4) impose onward service obligations on the recipient. Runs from the OCCURRENCE, not from discovery. Being a statutory period, computation is governed by Legislation Act, 2006, s 89, whose s 88(2) holiday list excludes Saturday and the Civic Holiday, not by RCP r 3.01.