Can You Claim Compensation for a Winter Slip and Fall in Barrie?

Slippery sidewalks, icy parking lots, and snow-covered walkways are part of life in Barrie. Winter conditions often contribute to slip and fall accidents, especially when property owners fail to stay ahead of changing weather. If you have been injured in a fall caused by snow or ice, you may be wondering whether you have the right to pursue compensation. The short answer is yes, you can pursue slip and fall claims even in poor weather, but several legal factors will influence the outcome.

This article explains how liability works in Ontario during winter conditions and what steps you should take if you are hurt.

Your Rights under Ontario Law

Slip and fall claims in Ontario are primarily governed by the Occupiers’ Liability Act. This law requires occupiers, which include property owners, landlords, tenants, or businesses, to take reasonable care to keep people safe on their premises. This includes properly maintaining walkways, entrances, stairs, and parking areas.

Winter weather does not remove this responsibility. Even during a snowstorm, property owners must take reasonable steps to prevent hazards, such as:

• applying salt or sand

• clearing snow within a reasonable timeframe

• removing ice buildup

• inspecting high-traffic areas regularly

• hiring professional snow removal contractors

If a property owner or occupier did not take reasonable action and you were injured, you may have grounds to pursue compensation.

From Coffee Runs to Court Rooms: How One Starbucks Fall Shaped Occupier Responsibility in Ontario

A leading Ontario Court of Appeal decision illustrates how liability can arise in winter conditions when a business assumes control over a pathway used by its customers. In MacKay v. Starbucks Corporation, 2017 ONCA 350, the plaintiff slipped on ice on a municipal sidewalk immediately outside an opening to a Starbucks patio. The trial judge found that Starbucks was an occupier of that portion of the sidewalk and was liable.

On appeal, the Court upheld that finding, emphasizing that Starbucks had effectively directed and controlled customer use of the specific sidewalk area and had staff monitor, salt, and sand the pathway.

The Court emphasized that:

• occupiers can be treated as joint occupiers with a municipality when they assume control over a defined sidewalk area used by their customers
  

• clearing snow or ice alone does not create liability, but taking responsibility and control over the area can engage duties under the Occupiers’ Liability Act
  

• businesses should maintain and document reasonable systems for inspection, salting, sanding, and timely attention to known winter hazards in areas they control

This case highlights that even when weather is unpredictable, occupiers still have legal duties where they have assumed control over a route used by customers. If they fail to meet those duties, injured individuals may be compensated.

Defining Reasonableness When Winter Hazards Strike

Several factors are considered when courts evaluate slip and fall claims involving winter conditions:

Timing of the Fall

A fall during an active storm may result in a more complex liability analysis. Occupiers are not required to maintain perfectly clear conditions every minute, especially while snow continues to fall. However, they still need an organized and documented maintenance plan.

Maintenance System in Place

Courts look for evidence that the occupier had:

• a snow removal policy

• regular inspections

• logs showing salting, sanding, or plowing

• professional contractors when needed

A lack of documentation often weakens the defence.

Nature of the Hazard

Black ice, packed snow, or uneven surfaces can all contribute to unsafe conditions. Even if the weather played a role, the occupier may still be liable if the hazard was foreseeable and preventable.

Did the Injured Individual Take Reasonable Care?

Individuals also have a duty to take care when walking in winter. Courts sometimes consider:

• footwear

• whether the person chose a safe route

• speed or level of caution

This does not remove the occupier’s responsibility but may affect the final compensation amount.

Compensation Options for Slip and Fall Victims

A successful slip and fall claim could allow you to recover damages for:

• medical expenses

• rehabilitation and physiotherapy

• lost wages

• loss of future earnings capacity

• pain and suffering

• out of pocket expenses

• long-term disability-related costs

A serious fall can have long-lasting physical and financial impacts. Speaking with a lawyer ensures your rights are protected from the beginning.

Important Deadlines for Slip and Fall Claims in Ontario

Ontario has strict notice requirements for falls that occur on municipal property. If you fell on a city sidewalk or road, you must provide written notice within 10 days. The City of Barrie and surrounding municipalities enforce this deadline strictly.

For falls on private property, you generally have a longer window, but early legal advice is still essential because evidence disappears quickly in winter.

Key Actions to Take Following a Slip and Fall in Bad Weather

If you are injured, try to take the following steps as soon as possible:

• Photograph the area and surface conditions

• Document weather at the time of the fall

• Get contact information for witnesses

• Report the incident to the property owner or business

• Verify if there were cameras on-site

• Seek medical attention

• Preserve your footwear

• Contact a personal injury lawyer as soon as possible

This helps protect your claim and ensures important evidence is not lost.

Contact Littlejohn Barristers for Help with Your Slip and Fall Claim

Winter in Barrie can be unforgiving, but property owners still owe a legal duty to maintain their premises. If you were injured in a fall caused by ice or snow, Littlejohn Barristers can help you understand your rights and pursue the compensation you deserve.

Our team has extensive experience handling slip and fall claims and can guide you through every step of the legal process.

Call Littlejohn Barristers today for a free consultation.