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Ontario law now only allows 60 days to file slip and fall claims

You used to be able to file up to two years
Icy sidewalk
File photo. Blair Adams/KitchenerToday

Slip and falls happen all the time during the winter due to icy conditions, which sometimes leads to lawsuits.

But now you'll have less time to file one according to a new bill passed recently at Queen's Park. 

Ontario's Bill 118, the Act to amend the Occupier's Liability Act, will become law. 

It essentially means people have only 60 days to give notice of a slip and fall on a property from the date of the incident.

Rob Deutschmann, Personal Injury Lawyer at Deutschmann Law tells 570 NEWS it's going to have an impact.

"There's a lot of practicality to it, and good reasons for it, but at the end of the day it's going to have an impact on the number of claims that occur because people are going to miss that limitation date."

Deutschmann, says people who have serious injuries and are in hospital are put at a disadvantage because of their time spent in hospital.

He says it's a troubling change in that aspect. 

"So, that could be a problem to get their notice out too. Now there could be an exception, however in the legislation it says there needs to be a good reason for not giving the notice, and it doesn't prejudice the occupier. Well, there's good reason for bringing the notice within 60 days. Because, if you're going to bring in a notice two years after an event, how is someone going to defend themselves? It makes it very difficult."

Deutschmann says that he's even changing how he handles slip and fall cases.

"We usually say to clients 'if the injury is not significant or what have you, give it some time, let's see how things go.' Maybe in three or four months if someone is still suffering from it, we can take a look at it," says Deutschmann. "Now, we're going to have to get out there and tell people 'you have to get the notice out there. Make sure you do this.' It's got to have the date, the time and the injuries among other things."
 

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