Francesca Rollo Jan 22, 2018
I heard that there are special notice and time requirements if you want to sue a municipality for failing to salt and sand a roadway that caused a car accident and injuries, is that true? What is it?
Yes. There are very short notice requirements.
Section 44(10) of the Ontario Municipal Act states: “No action shall be brought for the recovery of damages under subsection (2) unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of, including the date, time and location of the occurrence, has been served upon or sent by registered mail to, (a) the clerk of the municipality; or (b) if the claim is against two or more municipalities jointly responsible for the repair of the highway or bridge, the clerk of each of the municipalities.”
Thus, written notice of a claim must be provided within 10 days. This is a very short time period and individuals should act quickly. You should immediately contact a lawyer who can assist with placing the proper municipality on notice within the proper time period to preserve your right to start a law suit. Failing to provide proper notice within the requisite time period may result in you losing your right to sue for the damages suffered. Time is of the essence.