Giving Notice After Falling On Municipal Property

The law in Ontario provides specific procedures for actions brought against a City or Municipality. Clients often find themselves confused by these rules which can create delay and subsequent legal hurdles for potential claims.

Giving Notice:
First and foremost, before suing a municipality you must give notice within 10 days of the incident. Notice must be done in writing and given to the clerk of the municipality. The information that must be included in the notice must meet certain legal requirements. It is best to seek the assistance of a lawyer in preparing the notice and this should be done immediately.

You’ve failed to Give Notice:
There are two circumstances where an injured person would not be required to give notice within the 10 days: (1) the injured person dies; and (2) if a judge determines that there was a reasonable excuse for the "want or the insufficiency of the notice and that the municipality is not prejudiced in its defence."

Claims against municipalities often involve maintenance failures. The typical case is a slip or trip and fall while walking on a damaged sidewalk. These cases can be especially difficult. It is important to seek out proper legal representation. Our lawyers have extensive knowledge and experience in these types of claims. We understand the predicament you are in after sustaining injuries; that ten days is a short amount of time to provide notice; and that your health is of upmost importance. Wolfe Lawyers will ensure that your claim is dealt with professionally and correctly.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship.

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