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…
notice Tag Archives
Crompton v. City of Toronto, 2016 ONSC 3823 (CanLII)
The costs fallout of an abandoned summary judgment motion
State Farm Mutual Automobile Insurance Company v. Aslan et al., 2016 ONSC 2725
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.
Mikolic v. Tanguay, 2015 ONSC 71
Accident Benefits Settlement Deducted from Tort Award as a Result of Itemized Settlement Disclosure Notice
Galota v. Festival Hall Developments Ltd. et al, 2015 ONSC 6177 (CanLII)
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 …
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 …