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…
The costs fallout of an abandoned summary judgment motion
An April 13, 2016 decision by Justice Hackland in Ottawa has provided further guidance on the notice requirements before an insurer can perform a section 33 Examination Under Oath. A generic statement that the insurer requires an examination under oath to determine the insured’s entitled to statutory accident benefits will not suffice.
Accident Benefits Settlement Deducted from Tort Award as a Result of Itemized Settlement Disclosure Notice
Released October 6, 2015 | CanLII This is a motion for summary judgment on a limitation period issue. On May 13, 2006, the Plaintiff fell off of a dance stage at a bar and broke her arm. She sued only the bar owner (tenant) within two years of the fall. The bar and its insurer defended the action; unfortunately, the bar closed and its insurer became …
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 …
