New post regarding winter accident claims, based on personal injury laws in Ontario.
While the holidays are generally a time of celebration, the excessive cold, snow, and ice can even walk on the sidewalk or drive to work more dangerous. These dangerous conditions also increase the number of accidents on municipal property.
For example, suppose you are injured because of a crack in or an icy patch on the municipal sidewalk or height differential between sidewalk pavers. In that case, you could potentially have a suit against the municipality.
Suppose you are involved in an incident like this. In that case, it is essential to notice the at-fault municipality within the timelines set out by the Municipal Act [1] as soon as possible. Section 44(10) of the Municipal Act mandates that when an incident occurs on municipal property, the municipality must receive notification within ten business days. Failure to provide proper notice within the 10-day time limit can bar to any potential claim against the city.
Once notice is given, there is no requirement to commence a lawsuit. However, it does allow an individual to take further time to decide if they wish to do so. All civil actions against the municipality also remain subject to the Limitations Act.[2] This Act states that all lawsuits must be commenced within two years of discovering the cause of action.[3]
The only exception to this 10-day notice period is if the individual has a “reasonable excuse” for the delay, and the municipality is not prejudiced by the failure to give notice.[4]
What may constitute the Court of Appeal has addressed a “reasonable excuse.” In the case of Crinson v. City of Toronto, the Court of Appeal found that an individual being so incapacitated to be unable to provide notice constitutes a reasonable excuse.[5] This may include an individual who suffers a severe injury requiring hospitalization, surgery, and medication use.
If the 10-day deadline has expired, notice should still be provided to the municipality as soon as possible.
If you are injured, you should immediately seek legal counsel to ensure that notice is sent to the proper municipality and within the appropriate timelines. If you are unsure whether you have a case against a city, contact us as soon as possible for a free consultation.
Bogoroch & Associates LLP is a leading law firm based in Toronto.
[1] Municipal Act, 2001; S.O., 2001, c. 25.
[2] Limitations Act, 2002, SO 2002, C. 24, Sch B.
[3] Limitations Act, 2002, SO 2002, C. 24, Sch B.
[4] Section 44(12) of the Municipal Act
[5] Crinson v. City of Toronto, 2010 ONCA 44 (OCA); Giuliani v. The Regional Municipality of Halton, 2010 ONSC 4630 (CanLII).
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