The amendments to the Occupiers’ Liability Act came into force on January 29, 2021. This means that plaintiffs now have to comply with a 60 day notice requirement for occupiers’ liability claims involving accidents caused by snow or ice.
Written notice has to be provided to an occupier of the premises or to an independent contractor employed by the occupier to remove snow or ice. The notice has to specify the date, time, and location of the accident.
After an occupier receives notice, it has to serve a copy of the notice on any other occupiers of the premises and on any winter maintenance contractors. Similarly, if a contractor receives notice, it has to serve a copy of the notice on the occupier that employed the contractor.
All notices need to be served personally or by registered mail.
A failure to give notice is not a bar to an action in the case of death. Further, a failure to give notice or the insufficiency of notice is not a bar if a judge finds that there is reasonable excuse and that the defendant is not prejudiced.
The Rogers Partners Occupiers’ Liability Handbook provides further insight into these amendments.