The Manitoba government has no runway left to corral slip-and-fall injury claims on private property, but it has signalled that could be on the agenda if it is returned to power in this fall’s provincial election. A proposed amendment to the Occupiers’ Liability Act, introduced in late May as the legislative session came to an end, would generally require injured parties to notify either the property owner or the snow removal contractor within 60 days of the occurrence in order to make a claim for damages.
Currently, there is a two-year timeline from the day on which an injury is suffered to file claims related to falling on snow or ice on private property, which is the standard period under the Act for most claims against parties holding the duty of care for a property. The proposed amendments, in the now shelved Bill 41, are similar to changes adopted into Ontario’s Occupiers’ Liability Act in 2020.
“This bill contains amendments that will modernize the Occupiers’ Liability Act to ensure that occupiers receive timely notice of a personal injury claim related to snow or ice on private property,” Manitoba Attorney General Kelvin Goertzen said as he tabled the legislation for first reading. “This will ensure that the issue can be remedied quickly to prevent further injury from somebody who’s also entering that particular property.”
Both Ontario’s and Manitoba’s proposed legislation include flexibility for the 60-day limit to be lifted if the slip-and-fall injury causes death or if the court deems a claimant has a “reasonable excuse” for not acting within the prescribed period. In such cases, the two-year limitation period would apply.
Bill 41 is one of six Manitoba government bills left stranded when the legislature adjourned on June 1 for the summer and pre-election break. Others include: Bill 39, a proposed amendment to the Residential Tenancies Act to clarify the types of evidence that can be presented in an eviction proceeding related to unlawful activity on a property; and Bill 30, which would have enabled a five-year pilot project for the sale of alcohol in general retail stores.
