Slip and Fall Accidents and Limitation Periods – Revisited

Slip and Fall Accidents and Limitation Periods – Revisited  

In Ontario, the amount of time a plaintiff has to sue for damages is governed by a statute called the Limitations Act, 2002. This statute outlines the various limitation periods that are in place depending on the nature of the claim. Generally speaking, the baseline limitation period for most civil actions is two years from the date the nature of the claim was discovered.  When is a claim “discovered” is explained in the Limitations Act, 2002 as:   

1. the day on which the person with the claim first knew; 

1. that the injury, loss or damage had occurred; 

1. that the injury, loss or damage was caused by or contributed to by an act or omission; 

1. that the act or omission was that of the person against whom the claim is made, and; 

1. that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and 

1. the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a).  2002, c. 24, Sched. B, s. 5 (1). 

For most actions, this is generally straightforward. For example, if you were in a motor vehicle accident, you would have two years from the date of the accident to start a legal claim. Likewise, if you tripped and fell at a shopping mall, you would also have two years to start a claim from the date of loss.  

However, limitation periods vary for different situations. If a person wants to bring a claim for a slip and fall accident that was the result of ice or snow and it was on private property, the Occupier’s Liability Act states that notice must be brought to the occupier (usually the property owner or property management corporation) within 60 days from the date of loss.  

Similarly, the Occupier’s Liability Act also states that if a person suffers a slip and fall or trip and fall accident on city property such as a sidewalk, that person only has 10 days to bring notice to the municipality of their intention to bring a claim.  

This is not a lot of time, so be aware that if this type of accident happens to you, you MUST act fast! The courts may allow exceptions to this 10-day limitation period if the person did not have the capacity to give notice. For example, if they were hospitalized with very serious injuries, fell into a coma or did not have the proper mental capacity and required a litigation guardian to assist them in bringing a claim, the court may allow an exception to the limitation period. There is also the possibility of late discoverability. For example, someone may suffer a trip and fall or slip and fall on city property and does not believe that incident to be of any consequence. However, there is the possibility that the injury was far more severe than the person initially thought and could have long-term effects. This revelation may not occur until long past the limitation period.  In that case, the court may also make an exception. It should be noted that finding yourself outside of the 10-day or 60-day limitation period is not an enviable position anyone would want to find themselves in. This is because you will face a large uphill battle in court: the burden of providing substantial evidence that illustrates why the court should waive the limitation period.  

Some other exceptions to the standard limitation periods include circumstances where the person has not reached the age of majority at the time of the incident or a person lacking mental capacity does not have a legal guardian appointed before the limitation period expires.  

With respect to the point made above about the limitation period possibly starting not from the date of loss but from the date the claim was discovered vis-à-vis long-term injuries started to present themselves, the Limitations Act, 2002 has set an Ultimate Limitation Period of 15 years. This means that if a person wants to make a legal claim for long-term injuries that only became evident after the standard limitation period of 2 years, 10 days, or 60 days, they ultimately have a maximum time limit of 15 years to make the legal claim.  

You may ask yourself, why do we have limitation periods at all? Limitation periods are in place to aid the judicial system. If a time limit is imposed, then stronger evidence can be served and presented throughout the litigation process soon after the loss occurred. For example, this can include:  

• Statements from witnesses who are not only still alive but whose memories are still fresh in their mind. 

• Surveillance footage that still exists and has not been deleted.  

• Evidence gathered from the scene with its integrity still intact (i.e. photographs of a sidewalk, floor or stairs that could be replaced at a future date); Strong evidence will lead to strong adjudication.   

Limitation periods also ensure an expeditious justice system for all parties involved and act as an incentive for plaintiffs to take decisive action. It also removes the threat of a lawsuit from lingering over a defendant’s head indefinitely.  

Since limitation periods are clearly a blessing and a curse for those on either side of the equation, it is always best to be aware of the ticking clock that starts immediately from the time the accident occurs or the injuries from said accident that have presented themselves. Remember, more often than not, time is NOT on your side.