When Does the 10-Day Notice Period for Personal Injury Claims Against a Municipality Apply?
This past summer, the Canadian Automobile Association (CAA) released its annual list of the worst roads in Ontario. Perhaps unsurprisingly for those of us who travel through this city on a daily basis, Hamilton holds the top two spots on the list, with Aberdeen Avenue and Barton Street East taking first and second place, respectively.
Potholes and poor road maintenance, which are two of the main factors used by CAA in determining these rankings, are dangerous road conditions which can also contribute to serious injuries for drivers, cyclists and pedestrians who use these roads and sidewalks.
If you’re injured as a result of poor road or sidewalk conditions, it’s important to keep in mind that there are strict timelines within which you need to provide notice to the parties responsible for the roads or sidewalks.
If you are bringing a personal injury claim against a municipality caused by a defective roadway or sidewalk, 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 the date 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 due to a failure by the municipality to keep a roadway or sidewalk 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.
If you’ve been injured in an accident, contact 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.
