Every year, thousands of Ontarians are injured in slip and fall accidents on someone else's property — in parking lots, grocery stores, on icy sidewalks, in apartment buildings, and at public facilities. Many of those people don't pursue a claim because they assume it's their own fault, that nothing can be done, or that the process is too complicated.
Who Is an 'Occupier' Under Ontario Law?
- Property owners (residential and commercial)
- Tenants and leaseholders in control of the premises
- Businesses operating from leased space
- Municipalities and public agencies (for sidewalks, parks, public buildings)
- Contractors managing or maintaining a property
The Duty of Care Under the Occupiers' Liability Act
Section 3 of the Occupiers' Liability Act states that an occupier owes a duty to take such care as in all the circumstances is reasonable to see that persons entering the premises are reasonably safe while on the premises.
What this means in practice: The occupier doesn't have to make their property perfectly safe — they have to take reasonable steps under the circumstances. What's "reasonable" depends on factors like the type of property, who is expected to use it, the nature of the hazard, and how quickly the occupier could have become aware of the problem.
What You Need to Prove in a Slip and Fall Claim
- The hazard existed — there was a dangerous condition on the property
- The occupier knew or should have known about the hazard
- The occupier failed to act reasonably despite knowing about the hazard
- The hazard caused your injury
- You suffered actual damages — medical expenses, lost income, pain and suffering
Municipal Claims: Special Rules Apply
If your slip and fall occurred on a public sidewalk, municipal road, or other government-maintained property, there are additional procedural requirements. Under the Municipal Act, you are generally required to provide written notice of your claim to the municipality within 10 days of the accident. Failing to do this can permanently bar your claim against the municipality.
Important: The 10-day municipal notice requirement is one of the shortest deadlines in Ontario's personal injury system. If your fall occurred on a public sidewalk, road, or municipal property, do not wait.
Documenting Your Slip and Fall
- Photographs of the hazard taken at the scene, as soon as possible after the accident
- Witness contact information from anyone who saw the fall or the hazard
- Incident reports filed with the property owner, manager, or store
- Medical records documenting your injuries from as early as possible
- Records of weather conditions (for outdoor falls involving ice or snow)