The passing of Ontario’s Bill 118

Bill 118: An Act to amend the Occupiers’ Liability Act, Bill 118 was passed by the Provincial Government of Ontario as of December 8, 2020.

What is Bill 118 and how it relates to you:

Bill 118 in short, is the Occupiers’ Liability Amendment Act, 2020 which was put in place to give someone with a personal injury caused by snow or ice a timeframe of 60 days to give written notice of a claim against an *occupier or independent contractor. Previously, claimants had up to two (2) years to submit a claim for a personal injury caused by snow or ice. If the claimant fails to submit a claim within the 60 days, “no action shall be brought for the recovery of damages for personal injury.” I.e. No action can be taken after 60 days of the incident.

Introduced in 2019 by Parry Sound-Muskoka MPP Norm Miller, Bill 118 was created to reduce the notice period from two (2) years to 10 days, and was later amended to 60 days after concerns were expressed by lawyers.

The passing of this Bill is a win for Landscape Ontario who has been working on this initiative on behalf of snow and ice contractors for years. However, this victory is just a first step in the right direction as they investigate multiple other initiatives including; Fair Hold Harmless Legislation (Illinois model), Limited Liability for Accredited Contractors (New Hampshire Model), and Self Insurance models.

At Draglam Salt, we will continue to support Landscape Ontario in their fight to ensure the viability of the snow and ice contracting industry.

*An occupier includes; homeowners, business owners, landlords, tenants, independent contractors employed by the occupier.

Information Source: Bill 118, An Act to amend the Occupiers’ Liability Act, Ontario, 2020 (assented to 08 December 2020), S.O. 2020, c. 33 - Bill 118

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