The limitation period against a security firm contracted to perform winter maintenance at a condominium property did not begin to run before the plaintiff had actual knowledge of the security firm’s responsibility. Plaintiff’s counsel’s property searches, notice letters and reliance on information obtained from the property owner constituted due diligence.
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Dabor et al. v. Southbram Holdings Limited et al. (CV-11-417735)
This verdict serves as a warning to owners and occupiers of properties that they must ensure they have the right person to do the job and that their premises must be safe for the work intended to be performed.
Injured Victims Risk Recovery of Municipal Damages
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 …
Holiday Safety Part Two: Occupier’s Liability
Last week on the OTLA blog, we posted about how to keep your home safe for holiday visitors. This week, we’ll take a more in-depth look not only at the obligations that apply to homeowners, but also those which extend to commercial property owners. The obligations of a property owner are outlined in the Occupiers Liability Act (“the Act”). An “occupier” is defined as “a person in physical …