Is a “modest excuse” sufficient to justify a delay in notifying a municipality of a potential claim?
municipality Tag 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.
Road Hockey: Let the Kids Play
Ontario’s minister of Children and Youth Services Michael Couteau was in the news recently for his plea to Toronto city council to lift a ban on road hockey in the city. The by-law in questions states that: “no person shall play or take part in any game or sport upon a roadway and, where there are sidewalks, no person upon roller-skates, in-line skates or a …
Zaravellas v. Armstrong, 2016 ONSC 3616
A good refresher on the test for Gross Negligence
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 …