Municipalities Category Archives

Suing a Municipality: What if I Didn’t Give Notice Within 10 days?

Section 44(10) of the Municipality Act mandates that for incidents that occur on municipal sidewalks or roadways, an injured party must provide notification of the incident to the municipality within ten business days, failing which they are disentitled from suing the municipality for their injuries. However, there is an exception to the 10-day notice period…

Can you consume alcohol in Ontario parks?

To the delight of business owners and consumers, provincial governments across Canada have been relaxing alcohol laws in an attempt to support hospitality industries during the COVID-19 pandemic. In Ontario, for example, we have seen the government allow restaurants to expand their patios and include alcohol in takeout and delivery orders.

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 …

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 …