I slipped on the sidewalk; how long do I have to sue the city?

This article was originally published by The Hamilton Spectator.

Q: When does the 10-day notice period for personal injury claims against a municipality apply?

A: If you are bringing a personal injury claim against a municipality, it is important to know that certain claims are subject to a requirement that you provide notice of the injury and circumstances to the municipality within ten business days from when the incident occurred.

This requirement comes from the Municipal Act, which states that in order to recover any damages for an injury that occurs on a sidewalk or roadway due to a failure by the municipality to keep them in a reasonable state of repair, notice must be provided to the municipality within the 10-day notice period.

The notice must be in writing, and must include details of the injury, the date, time, and location of the incident, and it must be served in person or sent by registered mail to the clerk of the municipality. Failure to provide proper notice within the 10-day notice period can result in your claim against the municipality being dismissed.

There are some exceptions to the notice requirement, which are outlined in the Municipal Act and discussed in various court decisions. However, the courts have found that lack of awareness or ignorance of the law is generally not an excuse for failing to provide timely notice to the municipality.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Ross & McBride professionals will be pleased to discuss resolutions to specific legal concerns you may have.