Slipped on Ice in Thunder Bay? 10- and 60-Day Deadlines

Nov 6, 2026

By Jeffrey J. Moorley, Partner, White Macgillivray Lester LLP

Every Thunder Bay winter has a morning like this. A mild afternoon turns the snowbanks to slush, the temperature drops overnight, and by the time people leave for work, the sidewalk, the store entrance and the apartment parking lot are glare ice.

Most falls end with a bruise and some embarrassment. Some end with a broken wrist, a fractured hip or a head injury, and a winter of appointments, missed work and help at home.

If someone else was responsible for that ice, you may have a claim. But after a slip and fall in Thunder Bay, a written-notice deadline may already be running. Depending on where you fell, it can be as short as 10 days. Miss it, and a claim can be lost before anyone looks at what happened.

The essentials

  • City sidewalk or road: 10 days. Written notice must reach the municipal clerk within 10 days of the fall.
  • Private property: 60 days. For an injury caused by snow or ice at a store, plaza, apartment building, workplace or home, written notice must go to the occupier or their snow-removal contractor within 60 days.
  • Not sure who owns it? Notify everyone within 10 days. That protects you under both rules.
  • A phone call is not notice. Reporting the ice to the City or telling a store manager is worthwhile, but it does not replace the written notice the law requires.
  • Notice is not a lawsuit. It preserves your right to sue. The general two-year limitation period still applies to starting a court action.

Why the deadlines are so short

Ice does not wait for an investigation. Within a day or two, a sidewalk can be sanded, plowed, rained on or buried under fresh snow. Short notice periods are meant to let a municipality or property owner look into a fall while the conditions can still be checked.

The practical result can be harsh: a person can lose a claim simply by waiting to see whether the injury gets better. In April, we wrote about Thunder Bay’s pothole season and the 10-day rule for claims involving City roads. The same rule applies to City sidewalks in winter, with an added hurdle for snow and ice.

City sidewalks and roads: the 10-day rule

If you fell on a municipal sidewalk, road or crosswalk, the Municipal Act, 2001 applies. Under subsection 44(10), no lawsuit can be brought unless written notice of the claim and the injury, including the date, time and location, is served on the municipal clerk or sent to the clerk by registered mail within 10 days.

The rule is not unique to Thunder Bay. A fall on a municipal sidewalk in Kenora, Dryden, Fort Frances, Sioux Lookout, Marathon, Oliver Paipoonge, Shuniah or Neebing means written notice to that municipality’s clerk within the same 10 days.

For the City of Thunder Bay, the City’s claims guide directs written notice to:

Office of the City Clerk
500 Donald Street East, PO Box 800
Thunder Bay, Ontario P7E 5V3

The City recommends delivering notice during office hours so it arrives in time. Your notice should include:

  • your name, mailing address, email address and phone number;
  • the date and approximate time of the fall;
  • the exact location, such as the street address, nearest intersection or a landmark;
  • what happened and what injuries you suffered; and
  • photographs, if you have them.

Keep a copy and proof of delivery. Each claim is then investigated by the City’s independent insurance adjuster.

The exceptions are narrow

Late notice is not automatically fatal. Notice is not required if the injured person died as a result of the fall. A court can also let a claim go ahead if there was a reasonable excuse for the delay and the municipality was not prejudiced in its defence. The injured person has to prove both.

Two decisions of Ontario’s Court of Appeal show how this works:

  • Seif v. Toronto (City), 2015 ONCA 321. A woman broke her wrist when she tripped on a raised edge in a sidewalk. At first she did not think the injury was serious. Months later, she learned she would live with pain and limitations for the rest of her life. She promptly hired a lawyer, who gave notice about four months after the fall. The Court of Appeal held that she had a reasonable excuse. Whether the City had been prejudiced by the delay still had to be decided at trial.
  • Argue v. Tay (Township), 2013 ONCA 247. Notice came about two years after a crash blamed on a pothole. By then the pothole had been repaired, and there were no photographs or measurements of it. The claim was dismissed.

Not knowing about the deadline is not, on its own, a reasonable excuse.

A Thunder Bay case at the Supreme Court of Canada

One of the leading cases on late notice started on a Thunder Bay sidewalk. In Bannon v. Thunder Bay (City), 2002 SCC 20, a woman was hurt in a fall on a City sidewalk, was hospitalized and was prescribed strong pain medication. She missed the notice deadline, which was then seven days. The trial judge found she had been physically and mentally incapable of giving notice, and awarded her damages against the City for gross negligence. The Court of Appeal overturned that decision. The Supreme Court of Canada restored it.

The Supreme Court made a practical point: writing a letter may seem simple, but giving proper notice takes the mental capacity to weigh a number of things. The deadline and the statutory provisions have changed since then, but a person’s physical and mental condition after a fall can still be part of a reasonable excuse for late notice.

Don’t count on an exception. Treat the 10 days as a firm deadline. If it has already passed, get advice anyway; do not assume the claim is gone.

Snow and ice on a sidewalk: gross negligence

Ice adds a second hurdle on municipal sidewalks. Under subsection 44(9), a municipality is not liable for an injury caused by snow or ice on a sidewalk except in a case of gross negligence.

That is a higher bar than ordinary carelessness, but it can be met. Courts have described gross negligence as “very great negligence,” and there is no fixed formula. Courts look at what the municipality knew or should have known about the ice, how dangerous it was, how long it was left, and how easy or difficult it would have been to deal with.

Dorschell v. Cambridge (City) (1980), a Court of Appeal decision under an earlier version of the same rule, is a familiar winter story. Freezing rain fell one evening, the temperature dropped overnight, and the next morning a woman fell on an unsanded sidewalk across from a shopping centre. The city had no real policy for dealing with ice on its sidewalks. The Court of Appeal held that having no policy, or a policy of not doing the job, is evidence of serious negligence, and that the municipality must then show it is not responsible. The court also noted that a thaw, rain and a hard freeze can be predicted hours in advance. Ontario courts have long said that leaving a slippery, icy sidewalk in a busy area unprotected, or ignoring it altogether, is gross negligence.

Municipalities also rely on Ontario’s minimum maintenance standards, which generally allow up to 48 hours to treat ice on a sidewalk once the municipality knows about it. A municipality that meets those standards has a defence. The City of Thunder Bay has said publicly that it will not be liable where it has met its maintenance standards, including for salting and snow clearing.

These claims turn on records: weather data, when crews were dispatched, which routes were sanded and when, and when complaints came in. Much of that information is held by the municipality, which is another reason not to wait.

What the City of Thunder Bay does on sidewalks

Thunder Bay does not require homeowners to clear the public sidewalk in front of their property. The City has said it provides that service. According to the City, sidewalks are cleared to a packed-snow surface once 5 cm or more has accumulated, then sanded for traction. Sidewalks along arterial, collector and core-area streets come first; residential sidewalks follow.

Those written standards matter in a claim. The question is often not whether the sidewalk was icy, but whether the City’s response to that ice was reasonable and whether crews actually followed the City’s own approach.

Stores, apartments, workplaces and other private property: the 60-day rule

Many falls on ice happen somewhere other than a public sidewalk: a grocery store or plaza parking lot, a mall entrance, an apartment or condo walkway, an office or workplace lot, a restaurant or a private home. These claims are governed by the Occupiers’ Liability Act.

Since January 29, 2021, section 6.1 of that Act has required written notice for personal injury caused by snow or ice. Within 60 days, written notice of the claim, including the date, time and location, must be personally served on or sent by registered mail to at least one of:

  • an occupier of the property, usually the owner, tenant or property manager; or
  • an independent contractor hired by the occupier to remove snow or ice.

A few features of the rule are worth knowing:

  • One notice can protect the claim against all of them. Once proper notice reaches one occupier or contractor in time, the 60-day bar does not prevent a claim against the others.
  • They must pass it on. An occupier who receives notice must send a copy to the other occupiers and the snow contractor. A contractor who receives notice must send a copy to the occupier who hired it.
  • It is not limited to falls. The rule covers injuries caused by snow or ice, which can include snow or ice sliding off a roof.
  • The same narrow exceptions apply: death, or a reasonable excuse where the defendant is not prejudiced.

On private property, the standard is ordinary reasonable care. You do not have to prove gross negligence. The occupier’s snow-removal contract, salting and inspection records, and what was done on the day of the fall will all be relevant.

Not sure who owns the spot where you fell?

The line between public and private is not always obvious. The sidewalk along a plaza may belong to the City, while the walkway three metres away belongs to the landlord. A private road in a condominium complex, the steps of a City-owned arena or community centre, and the boulevard beside a business can all raise the question.

When in doubt, serve written notice on everyone who might be responsible, within 10 days. That satisfies both rules.

Provincial highways and other provincial property have their own notice rules. If you fell on provincial property, get advice right away.

Where you fell Written notice to Deadline
City of Thunder Bay sidewalk, road or crosswalk Office of the City Clerk 10 days
Sidewalk or road in another Northwestern Ontario municipality That municipality’s clerk 10 days
Store, plaza lot, mall or restaurant Owner or occupier, or their snow contractor 60 days
Apartment, condo or rental property Landlord, property manager or condominium corporation, or their snow contractor 60 days
Private home Homeowner or occupier 60 days
Not sure who owns it Everyone who might be responsible 10 days, to be safe
Starting the lawsuit itself The court Generally 2 years

Calling Dispatch is not the same as giving notice

Reporting an icy sidewalk to the City’s 24/7 Dispatch line at 807-625-2195 is a good idea. If a pothole or broken pavement caused your fall, you can also use the City’s online Report a Pothole form. Telling a store or building manager what happened and asking them to write up an incident report is worthwhile too. Each of these creates a record, and each may prevent the next fall.

Neither is the written notice of claim the law requires. The City’s own claims guide says the Municipal Act requires notification in writing. Do not rely on a phone call, an online report, a conversation with a manager or an incident report alone. Deliver written notice in person or send it by registered mail, and keep proof.

What to do after a fall on ice

Get medical attention. Do this even if the injury seems minor. Wrist, hip, back and head injuries can get worse over the following days, and an early medical record helps show what happened.

Photograph the spot right away. Ice changes by the hour. Take wide and close-up photos of the exact location, the ice or snow, any missing sand or salt, the lighting, downspouts or meltwater, and your footwear. If you can’t go back, ask someone to do it the same day. Do not put yourself at risk to get photos. If notice ends up being late, early photographs and witness names can help show that the delay did not prejudice the municipality’s defence.

Write down the details. Record the date, time, exact location and weather while you still remember them clearly.

Get witness names and phone numbers. Include anyone who helped you up or saw the conditions.

Report it and ask questions. Ask the property owner or manager for a copy of any incident report, and for the name of the company that handles their snow removal.

Ask in writing that video be preserved. Many security systems record over footage within days or weeks.

Keep your footwear and your receipts. Keep a simple record of missed work, appointments, travel for treatment and help you need at home.

Count the days. Mark the 10-day and 60-day dates on your calendar, counting from the day you fell.

Get advice early. A lawyer can help identify everyone who may be responsible, prepare and serve the notices, and request records before they are lost.

Fell at work? A different system may apply. Workers covered by the WSIB generally cannot sue their employer, and in some cases cannot sue other employers either. Get advice before deciding how to proceed.

Questions that come up after a fall on ice

I didn’t think it was serious at first. Is it too late?

Not necessarily. Ontario’s Court of Appeal has held that not realizing at first how serious an injury was can be a reasonable excuse for late notice. But you must also show the delay did not prejudice the defendant’s defence, and that gets harder the longer you wait. Get advice as soon as you realize the injury is more than a bruise.

I fell on the sidewalk in front of a business. Who is responsible?

It depends on where the public sidewalk ends and the private property begins. In Thunder Bay, the City clears public sidewalks, while a business is usually responsible for its own entrance, walkway and parking lot. If you are not sure, notify both within 10 days.

Can I write the notice myself?

Yes. The law does not require a lawyer to give notice. Include the date, time and location, deliver it the right way and keep proof. Legal advice helps make sure the right parties receive it, especially when more than one may be responsible.

Do I have to start a lawsuit right away?

No. Notice preserves the claim. In most cases, the general limitation period to start a lawsuit is two years, subject to exceptions. Treatment, recovery and the full picture of your losses usually take time to understand.

Sources and further reading

About the author

Jeff Moorley, personal injury lawyer at White Macgillivray Lester, Thunder Bay

By Jeffrey J. Moorley
Partner, White Macgillivray Lester LLP

I represent injured people and families throughout Northwestern Ontario from our office in Thunder Bay. My practice includes slip-and-fall and occupiers’ liability claims against property owners, snow-removal contractors and municipalities. Full bio →

Contact Jeff Moorley for a Free Consultation

If you’ve been hurt in a fall on ice or snow, you don’t need to have the notice written or every detail sorted out before getting in touch. The sooner we talk, the more time there is to protect the deadline and the evidence. Consultations are free, and you do not pay legal fees unless we recover compensation for you.

Phone: 807-344-1000
Email: jeff@tbayinjurylaw.com
Fax: 807-344-1001
Office: 1 Cumberland St S, Thunder Bay, ON P7B 2T1

This article provides general information about Ontario law as of November 2026, not legal advice about a particular fall. Notice requirements depend on the facts, including who owns or controls the property where you fell. Sending an email does not, by itself, create a lawyer-client relationship.