Special Notice Periods: Claims Against a Municipality

Question: What are the notice periods for claims against a municipality in Ontario?

Answer: In Ontario, to maintain a claim against a municipality, you must provide written notice within 10 days of the incident as mandated by the Municipal Act, 2001, S.O. 2001, Chapter 25. Missing this deadline can result in losing your right to claim. For effective guidance and to protect your interests, consider seeking timely legal advice.

Special Notice Period for Claims Against a Municipality

In Ontario, when bringing legal claims against a municipality, awareness and attention to specific notice periods and limitation periods is imperative.  A litigant who brings a lawsuit against a municipality without adhering to the special notice periods applicable to incidents involving a municipality may find claims, that may otherwise be tenable, dismissed.  Generally, the special notice periods or limitation periods apply to the majority of personal injury claims or property damage claims that are commonly brought against a municipality.  To help ensure compliance with the applicable notice requirements, following injury or damage that has occurred upon municipally owned or controlled property, promptly seek advice from a qualified legal professional.

Notice Periods and Limitation Periods

Claimants frequently encounter challenges due to stringent notice and limitation periods.  These legal requirements protect municipalities, allowing them to address potential hazards promptly; however, these requirements can also complicate the claims process and even result in the loss of legal rights that would otherwise be held by an injured person.

• The Notice Period:
  A claimant must, for many incidents that give rise to a right to bring a claim against a municipality, as per the Municipal Act, 2001, S.O. 2001, Chapter 25, notify the municipality within ten days of the occurrence of the injury or damage causing incident.  Without this notice, the municipality may argue it was unable to investigate and rectify the hazard promptly and the right of the claimant to sue for the injury or damage may be lost.
• The Limitation Period:
  A concern beyond the initial notice period requirement involves the two year limitation period that applies to the commencement of legal action.  The two year limitation period, as prescribed in section 4 of the Limitations Act, 2002, S.O. 2002, Chapter 24, Schedule B, aims to balance the rights of a claimant to seek compensation as justice for the wrongdoing, such as negligence, that caused the damage or injury, with the need for timely resolution of legal disputes.
• The Exceptions and Extensions:
  A court may consider reasonable excuses for failing to give notice within the ten-day period, such as incapacity or discovering the injury later.  However, proving these excuses requires substantial evidence.

Understanding the Municipal Act, 2001 Requirements

The Municipal Act, 2001, governs many aspects of claims against municipalities; and with respect to incidents involving repair or maintenance of roadways or bridges, including sidewalks and other parts of the roadway or bridge, the Municipal Act, 2001, requires that any person intending to pursue a claim must provide the municipality with written notice of the incident within ten (10) calendar days.  The notice must include details concerning the place, cause, and time of the alleged incident.  Specifically, the Municipal Act, 2001, states:

Exceptions and Extensions

As shown above, the Municipal Act, 2001, while appearing strict, and as should be perceived as strict rather than lax, does allow for some flexibility where there is a reasonable excuse for failing to provide proper notice.

Conclusion

Understanding and adhering to the ten day notice period and general limitation period for claims against municipalities is crucial.  Timely actions, coupled with proper documentation and legal advice, can significantly influence the outcome.