For any commercial property, winter carries a specific, expensive risk: the slip-and-fall claim. A patch of ice near an entrance, a walkway cleared late, one fall — and a property manager can be facing a liability claim months later. What many managers don’t realize is that Ontario changed the rules in 2021, and the change quietly created one of the most important deadlines in winter property management: 60 days.
Here’s what the 60-day notice rule is, what it means for your properties, and how proper documentation turns it from a risk into your strongest protection.
What is Ontario’s 60-day snow-and-ice notice rule?
In January 2021, an amendment to Ontario’s Occupiers’ Liability Act (added as section 6.1) took effect. It says that if someone is injured by snow or ice on a property, they must give written notice within 60 days of the incident before they can bring a lawsuit for damages.
That notice can be served on the occupier of the property (for example, the property owner or manager) and/or on the independent contractor hired to remove snow and ice. In other words, both the property and its snow contractor are directly in scope.
Before this change, a claimant generally had up to two years to start a claim with no early-warning requirement. Now there’s a short, hard deadline to put you on notice — which is meant to let occupiers and contractors investigate while the evidence (weather records, site conditions, service logs) is still fresh.
What the notice must include
To be valid, the written notice generally must:
State the date, time, and location of the incident
Be delivered personally or by registered mail to the occupier and/or the snow-removal contractor
That specificity matters. It also means that when a notice lands on your desk describing “a fall at the north entrance on January 12th at around 8:15 a.m.,” your ability to respond depends entirely on whether anyone can show what was done at that location, at that time.
The limits — it’s not a free pass
The 60-day rule helps occupiers and contractors, but it isn’t an automatic shield. Two things are worth knowing:
Exceptions apply. The notice requirement does not bar a claim where the injury resulted in death, and a court can still allow a claim to proceed despite missing or insufficient notice if there’s a “reasonable excuse” and the defendant isn’t prejudiced by the delay.
The two-year limitation still exists. The 60 days is a notice deadline, not the filing deadline — the general limitation period for actually starting the lawsuit still applies.
So the rule shortens the window in which you’ll first hear about a claim — but you still have to be able to defend it. That’s where most of the real risk lives.
Why this matters for property managers
The takeaway isn’t legal trivia — it’s operational. When a notice arrives, the question that decides the outcome is simple: can you prove what was done, and when?
If your snow contractor can produce a timestamped, photo-backed record showing the lot was plowed and the entrance was salted at 7:40 a.m. — well before an 8:15 a.m. fall — you have a strong, evidence-based defense. If the best anyone can offer is “we’re pretty sure a truck went by that morning,” you’re exposed, and so is your reserve fund or your insurer.
Documentation is no longer a nice-to-have. Under the 60-day framework, it’s the difference between a claim you can defend and one you can’t.
Documentation is your best defense
A defensible winter service record should capture, for every visit:
Timestamps — when crews arrived and what time each task was completed
Photos — before-and-after images of lots, sidewalks, and entrances
What was done — plowing, salting, de-icing, sidewalk and entrance clearing
Conditions — snowfall amounts and weather at the time of service
This is exactly why our commercial snow & ice management files photo-verified service logs after every storm. It keeps your sites safe first — and it gives you a clear, defensible record if a claim ever comes.
How to protect your property this winter
A quick checklist for commercial property managers:
Hire a contractor who documents everything — timestamped, photo-verified logs, not just an invoice.
Confirm insurance and WSIB — require proof of adequate commercial liability coverage, and consider being named as additional insured.
Agree on scope and triggers up front — plow trigger depths, salting frequency, and priority zones (entrances, fire routes, loading docks) in writing.
Book before the season — secure your contract before the first snowfall so you’re covered from the first storm.
Keep your own records — retain the service logs your contractor provides; they’re your evidence if a notice arrives.
The bottom line
Ontario’s 60-day notice rule shortened how quickly you’ll learn about a winter slip-and-fall claim — but it rewards the property managers who came prepared. The properties that sleep well in January aren’t the ones that got lucky; they’re the ones with a reliable, well-documented snow partner and a clear record of every push and salt run.
Want that peace of mind for your properties? Get a commercial snow removal quote in 12 hours — with photo-verified service logs on every visit.
This article is general information, not legal advice. For guidance on your specific situation and obligations under Ontario’s Occupiers’ Liability Act, consult a qualified lawyer.
