Legislative Newsflash – Bill 118, Now Proclaimed- Feb 2021

Bill 118, the Occupiers' Liability Amendment Act, 2020, was proclaimed into force on January 29, 2021. The bill adds section 6.1 to the Occupiers' Liability Act (OLA) in Ontario, requiring any person intending to make a claim for damages "for personal injury caused by snow or ice" against an occupier of premises to give notice to the occupier within 60 days of the occurrence of the injury. Condominium corporations, as deemed occupiers of their common elements, will benefit from more timely notice of potential slip and fall claims related to snow or ice, enabling them to investigate and gather information promptly. This amendment may also help reduce the number of claims against corporations and better manage their insurance premiums for occupiers' liability coverage. However, it's essential to note that the notice requirement does not apply to all occupiers' liability claims, and the court retains discretion to waive the notice requirement under specific circumstances.