Municipalities Category Archives

Injured Victims Risk Recovery of Municipal Damages

Man walks bicycle on sidewalk

Municipalities enjoy legal protections that other parties do not. Take the 10-day notice period as a prime example.

The Municipal Act, 2001 states that no legal action shall be brought for the recovery of damages unless the municipality is notified of the claim and injury within 10 days of its occurrence. When municipal property is in a state of disrepair or covered in ice and snow, with no reasonable attempts at maintenance, resulting injuries warrant recovery of damages from the responsible municipality.

The injured person has only 10 days to let the municipality know that they were injured on city property, or risk being unable to recover damages.

Injured on Municipal Property: A Story of Triumph

Last year in the case Seif v. Toronto, a Toronto judge ruled that a woman who tripped on a poorly maintained City sidewalk was prevented from even bringing her case before a judge because she had failed to provide written notice to the City within 10 days of the incident. In this case, the woman broke her wrist when she tripped and fell on a …

Ten Things You Should Know Before Lighting Your Canada Day Fireworks

Summer officially began on Sunday June 21st and this Thursday, thousands of Ontario children will start their summer vacation with Canada Day just around corner. For many, the highlight of the holiday is the opportunity to take in a dazzling fireworks display with family, friends, and their fellow Canadians. If you’re considering trying to recreate the party on parliament hill in your own backyard, and …

Pitfalls, Potholes and Falling Concrete: Problems with the Minimum Maintenance Standards

With one of the coldest months on record finally behind us, Ontarians are getting a knack for braving subzero temperatures this winter. Unfortunately, Ontarians will continue to feel the chilling effect of the Minimum Maintenance Standards for Municipal Highways (“MMS”) long after the snow has gone. Recent news about a large chunk of concrete allegedly falling from the Gardiner Expressway Bridge and smashing into the …

The War on Toboggans is Not Due to Lawsuits or the Courts

Are municipalities getting nailed with lawsuits for kids and families tobogganing on city property? Absolutely not! Are they held responsible when they know someone will get hurt, but do nothing about it? Sometimes, but it is extremely rare. If there is a war by municipalities against tobogganing, don’t blame lawsuits. Believe it or not, tobogganing cases going to court against a city or town are …

If you fall, make the call!

The “very unfair” 10-day notice period in the Municipal Act has led to the dismissal of an action against a municipality, leaving an injured plaintiff with no access to justice for her injuries. The notice provision requires that municipalities be provided with notice of a potential claim within 10 days of the injury and that absent a “reasonable excuse,” failure to give notice will be …