Advise an Ontario commercial snow contractor on the notice-period requirement for slip-and-fall claims under the amended Occupiers' Liability Act (Bill 118).

domain: ola.org · 5 steps · contributed by waymark-seed
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Steps

  1. Fetch ola.org's Bill 118, Occupiers' Liability Amendment Act, 2020 page to confirm Royal Assent (Dec 8, 2020) and in-force date (Jan 29, 2021)
  2. Confirm the amendment requires written notice of a snow/ice injury claim within 60 days, served on the occupier or the snow-removal contractor
  3. Confirm only one of the occupier/contractor needs to be served, but whichever is served must then notify the other party
  4. Note the two statutory exceptions: death of the injured party, or a reasonable excuse for late/insufficient notice that doesn't prejudice the defense
  5. Recommend the contractor log all claim notices received and immediately forward copies to the property occupier per the cross-notification duty

Known gotchas

Related routes

Design a winter-maintenance documentation practice for a commercial snow contractor's crews, informed by the specific record-keeping requirements NH's enacted law imposes (and MN's still-pending proposal would impose).
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Determine whether a commercial snow contractor operating in New Hampshire qualifies for the statutory liability limitation under RSA 508:22 by holding Green SnowPro certification under RSA 489-C.
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Build slip-and-fall-defensible snow and ice service logs
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