If you or a loved one have been injured as a result of a slip in fall in Ontario there are a number of very key points you must be aware of. First, it is important to be precise about where it is you sustained the slip and fall injury. An initial investigation must occur as soon as possible to ascertain who the “occupier” of the property is. In circumstances involving the Crown or a municipality, such as a slip and fall on a sidewalk, notice by registered mail must be sent to the proposed defendant within 10 days, as outlined in the Municipal Act.
Further, if the proposed defendant is actually the Provincial Crown, the 10 day rule remains, but with the additional requirement that an action cannot be commenced until at least 60 days has passed since the notice was provided. In most slip and fall cases, the limitation period (that is, the timeframe in which you must start your action) is 2 years, as described in the Limitation Act.
The initial investigation of a slip and fall is extremely important. This is an opportunity for the plaintiff (and their lawyer) to investigate the scene and obtain as much detail about the incident as possible. You will want to get all necessary information, such as the date, time, weather, clothing, eyewear, medications, alcohol consumption, and of course, the exact location of the slip. You’ll also want to get the names of any witnesses or individuals who helped the plaintiff after he or she fell, and any history of falls in the past.
Moreover, we also recommend that the plaintiff take as much notes as they can, while their memory of the events is still fresh. As the months go by, it is unlikely that they will be able to recall detail as they could early in the investigation.
Slip and fall cases are unique in their legal requirements, and potential claimants are encouraged to seek the assistance of a slip and fall lawyer in the Greater Toronto Area as soon as possible.