Throughout 2026, Environment and Climate Change Canada issued numerous weather warnings due to icy and snowy conditions. Most Ontario residents are well aware that black ice and snow can easily cause slips and falls, and property owners often fail to address these hazards. Ice and snow are only two examples of slip-and-fall hazards, and many others may cause these accidents indoors. Those who are recovering from slip-and-fall injuries may wonder whether they will have to go through a personal injury trial. Is this really likely, or do parties usually “settle” these cases out of court?
This is a question victims might want to raise with experienced Ontario fall accident lawyers. Terio Francis, the Principal Lawyer at TSF Law, has substantial litigation experience and has appeared before the Supreme Court of Justice. He also has considerable experience with mediation and other forms of alternative dispute resolution (ADR). Consider expanding on this conversation by contacting TSF Law at (905) 218-3668. We serve slip-and-fall victims in Mississauga and Orangeville.
98 Percent of Slip-and-Fall Cases Never Reach the Trial Stage
According to the Justice Department of Canada, 98 percent of civil suits never reach the trial stage. A slip-and-fall lawsuit is a type of civil suit, so the chances of going to trial in this situation are quite slim. The Justice Department notes that instead of resolving the issue in front of a judge, plaintiffs and defendants tend to negotiate in private and reach “settlements.” Based on these statistics, it is fair to say that most people approaching slip-and-fall lawsuits in Ontario will not need to go to court.
Summary of Whether Most Slip-and-Fall Cases Settle Out of Court
Most Slip-And-Fall Lawsuits in Ontario resolve through settlements rather than trials, with data from the Department of Justice Canada indicating that approximately 98 percent of civil cases do not proceed to court.
- Settlement negotiations in slip-and-fall cases often occur through alternative dispute resolution processes, allowing parties to avoid unpredictable outcomes associated with jury trials or judicial decisions in Ontario courts.
- Evidence such as medical records, surveillance footage, and internal policies remains essential during settlement discussions, as these materials help establish negligence and influence compensation outcomes.
- Trials typically occur only when settlement negotiations fail due to disputes over liability, low settlement offers, or refusal to negotiate, although parties may still settle at any stage before a final court decision.
TSF Law, serving Mississauga and Orangeville, provides legal support to individuals navigating slip-and-fall claims throughout Ontario.
Why Are Trials So Unlikely During a Slip-and-Fall Case?
Settlements are common for various reasons. First, a settlement negotiation is inherently more predictable than a trial. Parties can request either jury trials or bench trials in this situation. If a jury trial occurs, the court will select a handful of random people from the jury roll. Although the court can take certain steps to address bias among jurors, it is almost impossible to predict how these people will react to any given case. Jurors may award victims extremely high sums, or they may award them with nothing at all. In a bench trial, a judge decides how much compensation a victim should get. Although this is more predictable than a jury trial, it is still something that parties (particularly insurance companies/defendants) attempt to avoid.
Unpredictability is bad for business. During settlement negotiations, both parties can exert greater levels of control over the outcome without the added complexity of judges, juries, and court rules. In addition, settlement negotiations are cheaper and faster. Insurance companies like to save money, and it does not make sense to spend considerable sums on unpredictable litigation. The speed of settlements also helps both parties move on and focus on other things. For the victim, the conclusion of a settlement allows them to prioritize their health. For an insurance company, a quick conclusion allows them to move on to a different case.
What if My Slip-and-Fall Lawsuit Goes to Trial?
The two percent of slip-and-fall lawsuits that go to trial in Canada usually have many things in common. First, these trials almost always stem from failed settlement negotiations. Negotiations may fail for various reasons, and sometimes they never begin in the first place. For example, a defendant or insurance company may refuse to negotiate, believing that a lawsuit has absolutely no merit. The defendant might assume that the court will simply dismiss the lawsuit, but the court may make the opposite judgment and trigger a trial.
Alternatively, parties may reach impasses during settlement negotiations. For example, an insurance company might make a “lowball” settlement offer. After the victim refuses to accept, the insurance company may refuse to increase the offer. With neither party willing to “budge,” they might walk away from the negotiation table and head to trial. Note that at any point during the trial process, parties can still reach settlements. Often, defendants finally settle “on the courthouse stairs” moments before the trial is set to begin.
Do I Still Need Evidence During Settlement Negotiations?
Even though a slip-and-fall case might not go to trial, evidence is still important during settlement negotiations. Perhaps most importantly, a victim must establish that their slip-and-fall injuries are legitimate. They can do this by showing their medical records as evidence. An experienced personal injury lawyer at TSF Law may be able to help victims gather other types of evidence in preparation for a settlement negotiation. For example, video surveillance footage from inside a grocery store may show staff members failing to clean up a liquid spill before an accident. Another important piece of evidence could be an internal store policy regarding the process of cleaning a spill.
The Department of Justice refers to dispute resolution (the settlement process) as a “mini-trial.” During this process, each side may have an opportunity to exchange documents during an informal version of “discovery.” The general goal is to make defendants aware of what might happen if the case goes to trial. If the victim presents evidence that irrefutably suggests negligence on the part of the defendant, the insurance company might do everything possible to settle the claim and avoid fighting a losing battle in the courtroom.
Learn More About Slip-and-Fall Lawsuits With TSF Law
Although the vast majority of slip-and-fall cases never reach the trial stage, each case is unique. Online research and statistics can provide various insights, but it also makes sense to discuss the specifics of each case with an experienced personal injury lawyer in Ontario. Some victims may discover that they are among the minority whose cases will indeed proceed to trial. A lawyer with experience in both litigation and settlement negotiations can guide victims toward compensation regardless of these specifics. TSF Law may be able to represent the best interests of victims during settlement negotiations or trials. Continue this discussion by contacting our law firm at (905) 218-3668. We serve slip-and-fall victims throughout the Province of Ontario.
Slip-And-Fall Settlements And Trials In Ontario Personal Injury Law FAQs
The following FAQs address common legal questions related to slip-and-fall settlements, trials, and personal injury claims in Ontario.
Do Most Slip-And-Fall Cases Settle Out Of Court?
Most slip-and-fall cases in Ontario settle out of court, with approximately 98 percent of civil lawsuits resolving through negotiation or alternative dispute resolution rather than proceeding to trial. Settlement allows parties in Ontario slip-and-fall lawsuits to avoid unpredictable jury or judge decisions while reducing legal costs and time commitments associated with litigation.
Why Do Slip-And-Fall Cases Rarely Go To Trial?
Slip-and-fall cases rarely go to trial because settlement negotiations offer greater predictability, lower costs, and faster resolution compared to Ontario court proceedings involving judges or juries. Trials introduce uncertainty in compensation outcomes, while settlements allow both plaintiffs and defendants to maintain control over the resolution of Ontario personal injury claims.
What Causes A Slip-And-Fall Case To Go To Trial?
A slip-and-fall case in Ontario may go to trial when settlement negotiations fail due to disputes over liability, insufficient settlement offers, or refusal by one party to participate in negotiations. Courts may also hear cases when defendants believe claims lack merit, resulting in judicial evaluation of evidence and legal arguments.
Can A Slip-And-Fall Case Settle Before Trial Begins?
A slip-and-fall case in Ontario can settle at any stage before a final court decision, including during pre-trial proceedings or immediately before trial begins. Many Ontario personal injury cases resolve “on the courthouse steps,” as parties reassess risks, evidence, and potential outcomes shortly before formal hearings commence.
Is Evidence Still Important In Slip-And-Fall Settlement Negotiations?
Evidence remains critically important in Ontario slip-and-fall settlement negotiations because parties must demonstrate injury, negligence, and liability to influence compensation discussions and settlement value. Medical records, surveillance footage, and internal safety policies often serve as key evidence in evaluating the strength of a personal injury claim.
What Types Of Evidence Are Used In Ontario Slip-And-Fall Cases?
Ontario slip-and-fall cases commonly rely on evidence such as medical documentation, incident reports, video surveillance, witness statements, and property maintenance records to establish negligence. This evidence helps demonstrate that a property owner failed to address hazards like ice, snow, or spills, contributing to the accident.
What Happens During Slip-And-Fall Settlement Negotiations?
Slip-and-fall settlement negotiations in Ontario function similarly to a “mini-trial,” where both parties exchange evidence, assess liability, and evaluate potential court outcomes to reach an agreement. This process may involve informal discovery and structured negotiation aimed at resolving the personal injury claim without judicial intervention.
How Can TSF Law Assist With Slip-And-Fall Claims In Ontario?
Consider visiting with an experienced attorney at TSF Law to learn more about available legal options for Ontario slip-and-fall claims and potential paths toward resolution. The team at TSF Law works to ensure individuals understand their legal rights, evidence requirements, and possible outcomes in both settlement negotiations and trial proceedings.
