Executive Operational Summary
Section 6.1 of the Ontario Occupiers' Liability Act (Bill 118) mandates that slip-and-fall claimants provide written notice within 60 calendar days of the occurrence. Maintaining contemporaneous, GPS-verified service logs and pavement temperature records is essential to establishing a defensible standard of care.
Statutory Standard
Bill 118 bars claims not served in writing within 60 days to either the property occupier or the contractor, subject only to strict judicial exceptions for reasonable excuse where the defense suffers no substantial prejudice.
Policy & Underwriting Form Impact
Carriers require prompt incident reporting regardless of whether statutory notice was received. Many commercial snow policies exclude contractually assumed liabilities from customer-provided indemnification and hold-harmless clauses.
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01
The Context & Statutory Standard
This guide concerns an existing Ontario statutory notice provision, not a newly announced rule. Section 6.1 of the Occupiers’ Liability Act addresses written notice for certain personal-injury claims caused by snow or ice.
02
Who Is Affected in Ontario
Occupiers and independent contractors responsible for snow or ice removal from premises in Ontario.
03
Verified Rules vs. Operational Uncertainties
Section 6.1 provides a 60-day written-notice requirement and exceptions, including death and a judicial finding of reasonable excuse without prejudice to the defence. Notice rules are not an absolute defence or a substitute for prompt reporting to an insurer. Legal application depends on the facts.
04
Questions to Bring to Your Licensed Broker
Keep the service contract, service logs, weather observations, photographs and communications. Check incident-notification duties in your contract and insurance policy; these are separate from a claimant’s statutory notice obligations.
05
Actionable Next Step for Field Supervisors
After an incident, preserve relevant records and promptly notify the appropriate insurer or broker. Obtain legal advice before relying on a notice defence or responding to a claim.
Snow & Ice Contractor Bill 118 Compliance Auditor
Audit your site-visit logbooks, salting protocols, and subcontractor indemnity before the winter liability season begins. Calculate your standard-of-care defense score under Ontario law.
Contemporaneous GPS logs and pre-storm anti-icing records provide robust prima facie evidence to dismiss late slip-and-fall claims under Occupiers’ Liability Act s. 6.1.
- Maintain 24-month secure backup of digital breadcrumb logs.
- Verify commercial client contracts do not contain one-sided reverse indemnification clauses.
- Schedule annual pre-season fleet machinery inspections for OPCF 25A plow attachments.
Site Foremen Compliance Checklist
Key job site actions to maintain standard-of-care defense under Ontario claim audits:
- 1 Record exact arrival/departure times, pavement surface temperatures, and salt application rates on every site visit.
- 2 Preserve automatic GPS fleet logs, weather radar snapshots, and post-clearing photographic evidence for a minimum of 2 years.
- 3 Review customer contracts to strike uninsurable hold-harmless clauses that require indemnifying property owners for gross negligence.
Precise Question for Your Licensed Broker
Does our policy wording require immediate reporting of unserved incidents, and does our CGL coverage protect against cross-liability claims under municipal snow maintenance contracts?
Printable Field Tool
Download the One-Page Snow & Ice Site Visit Record (PDF)
A standardized, one-page printable worksheet for field supervisors and crew foremen to document arrival/departure times, pavement temperatures, salt dispersion rates, and mutual indemnity exceptions contemporaneously.
Frequently Asked Questions
Ontario Contractor Legal & Underwriting FAQs
Direct answers to common Ontario insurance and statutory compliance questions:
What is the 60-day slip and fall notice rule in Ontario?
Under section 6.1 of the Occupiers' Liability Act (Bill 118), no action shall be brought for the recovery of damages for personal injury caused by snow or ice unless written notice of the claim is served within 60 days of the occurrence.
What records must an Ontario snow removal contractor maintain?
Contractors must maintain contemporaneous logs showing exact arrival/departure times, ambient and pavement temperatures, salt dispersion rates, equipment operator IDs, and pre/post-clearing site photographs.
Can an owner's indemnification clause void my snow removal insurance?
Yes. Many standard CGL policies exclude liability assumed under contract unless an affirmative blanket contractual liability endorsement is attached, leaving the contractor personally responsible for property owner claims.
Sources and scope
Read the current source and its applicable edition. A linked form or statute does not establish the terms of your policy. Publication here is not evidence of an individual broker sign-off.
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