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As winter settles over Toronto, our streets are transforming into obstacle courses of slush, snow, and the dreaded black ice. It is the season of fender benders and the inevitable roadside arguments that follow.
A common refrain we hear from drivers after a winter collision is, “It wasn’t my fault—I hit a patch of ice,” or “I couldn’t stop because the road wasn’t plowed.”
While these may feel like valid reasons to you, in the eyes of Ontario law, they are irrelevant. When it comes to determining fault for an accident, the weather is never a valid excuse.
The “Circumstances” Clause
In Ontario, fault is assigned according to Regulation 668: Fault Determination Rules. As we discussed in our previous column, these rules are rigid. They use diagrams to assign blame (0%, 50%, 100%) based on the position and movement of the vehicles.
Crucially, Section 3 of the Regulation states that the degree of fault is determined “without reference to the circumstances in which the incident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians.”
This means your insurance adjuster is legally required to ignore the fact that it was snowing.
- Scenario A: You are driving on a sunny, dry day and rear-end a car at a stop light. You are 100% at fault.
- Scenario B: You are driving in a blizzard, slide on black ice, and rear-end a car at a stop light. You are still 100% at fault.
The logic is simple: drivers are expected to maintain control of their vehicle regardless of the environment. If you slide, the law presumes you were driving too fast for the conditions.
The Speed Limit Myth
Many drivers believe that as long as they are driving at or below the posted speed limit, they are driving safely. This is a dangerous misconception.
The speed limit on the Don Valley Parkway might be 90 km/h, but that limit applies to ideal conditions. If visibility is poor or the road is slick, driving at 90 km/h can be considered negligent.
Under the Highway Traffic Act, you can be charged with Careless Driving even if you are doing the speed limit, provided an officer determines that your speed was “greater than is reasonable or proper” given the road conditions.
3 Ways to Protect Yourself (and Your Wallet)
Since you cannot blame the weather, your only defense is prevention. Here is what you need to do to avoid liability this winter:
1. Respect the “Following Distance” In summer, the “two-second rule” is standard. In winter, this should increase to at least five or six seconds. If you rear-end someone, you are automatically at fault. Leaving extra space is the only way to account for the reduced friction of icy roads.
2. Clear Your Snow—All of It Leaving a “snow hawk” on your roof or failing to scrape your windows isn’t just lazy; it’s a liability. If snow flies off your roof and blinds the driver behind you, causing a crash, you could be held liable for the damages. Visibility is key to avoiding 50/50 fault scenarios in parking lots and intersections.
3. Get Winter Tires While not strictly mandatory for all passenger vehicles in Ontario, winter tires are a critical factor in civil court. If you are involved in a serious accident and you are sued for damages, a court may look at your lack of winter tires as evidence of negligence.
The Bottom Line
Winter in Toronto is inevitable, but accidents don’t have to be. The Fault Determination Rules are unforgiving—they do not care if the plow was late or the ice was invisible. The responsibility to get home safe rests entirely in your hands (and on your tires).
Drive according to the conditions, not the speed limit.
About Jeremy Diamond
Jeremy Diamond is a lawyer and member of both Ontario and Florida Bars. Jeremy practices in the area of Plaintiff personal injury litigation. Click here to learn more about Jeremy Diamond.
