Urgent Public Service Notice

Ice and snow define us in the North.  They provide tremendous outlets for fun to enjoy the wonderful splendour of our magnificent natural surroundings.  But there are some places they just don't belong and can result in terrible tragedy.  When businesses for instance maximize profits by minimising winter maintenance, people can fall and be hurt, sometimes very seriously.  Even the best intentioned of us make mistakes, and that's why we have insurance, so that people who are injured as a result of a mistake don't have to bear all the consequences of the injury.

But the Ontario government has moved to seriously restrict Ontarians' ability to recover compensation for their pain & suffering, loss of income, expenses and other damages.  As a result of legislation effective December 8, 2020, if you are injured as a result of ice or snow, you must give written notice to an occupier of the premises setting out the date, the time and the location of the fall and that notice MUST be given within 60 days, in writing served personally or by registered mail.

Most people don't know how seriously injured they are within the first 60 days, hoping things will get better but only when they get worse (often after 60 days) they realize they need to pursue a claim.  Or, they are so seriously injured, the last thing on their mind while they're hospitalised or otherwise receiving care is pursuing a claim.

This is neither fair nor is it warranted.  We often settle cases for badly injured persons in falls which result in terrible financial hardship, with recoveries in the multiple tens to hundreds of thousands of dollars.  Many of those folks would have been stopped from recovering any compensation by this unfair law.  Who benefits from this?  Insurance companies.  They will maximize collection of premiums and minimize payout of damages while innocent victims will have to bear the damages without support.

Talk to your local member of parliament about this unfairness and get them to stand up for average Ontarians against insurance companies.  Put people before profits.  

It is important to note that when an injury occurs on a public street or sidewalk, the notice requirement is only 10 days.  No one can afford to wait for legal advice when injured.  There is simply too much risk.  Contact an experienced personal injury firm today if you or someone you care about has been injured.