When does the 10-day notice period for personal injury claims against a municipality apply?
If you are bringing a personal injury claim against a municipality in Ontario, 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 10 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 the municipality’s failure 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 include details of the injury and the date, time, and location of the incident. It must also be served in person or sent by registered mail to the municipality’s clerk. 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.
If you’ve been injured in an accident, connect with the Ross & McBride team as soon as possible to ensure that you are in compliance with any notice requirements that might apply to your claim.
This article was originally published by The Hamilton Spectator.
