Municipal Liability Lawyers in Ontario
Claims against a municipality in Ontario run on a far shorter clock than ordinary claims. Where the allegation is that a road or sidewalk was not kept in repair, written notice must reach the municipality within 10 days.
Deadlines that apply to you
These are the dates that end claims. Check them first.
If the injury happened on a municipal road or sidewalk and the claim is that it was not kept in repair, written notice must reach the municipality within 10 days.
Municipal Act, 2001, S.O. 2001, c. 25, s. 44(10)
If you were hurt by snow or ice, you must give written notice within 60 days, served personally or sent by registered mail, to an occupier of the property or to the contractor hired to clear it.
Occupiers' Liability Act, R.S.O. 1990, c. O.2, s. 6.1 · in force 2021-01-29
If it is not clear whether you fell on city property or private property, give notice under both rules. Meeting the shorter deadline costs nothing and protects the claim.
Municipal Act, 2001, s. 44(10); Occupiers' Liability Act, s. 6.1
In most Ontario claims you have two years from the day you knew, or ought to have known, that you had a claim.
Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 4
How this actually works
If you were hurt on city property, the most useful thing on this page is the notice deadline, so it is above this paragraph.
Municipalities are responsible for keeping roads and sidewalks in a reasonable state of repair, but the legislation gives them procedural protections that private defendants do not get. The notice requirement is the sharpest of them.
The other complication is working out who is actually responsible. City, region, a utility that opened the road, or a contractor working under permit. Notice often has to go to more than one of them.
Give notice immediately
In writing, within the deadline above. This is the step that saves the claim, and it is the step most people learn about too late.
Work out who owns the hazard
City, region, utility or contractor. More than one notice is often the safe answer.
Document the defect before it is repaired
Photographs with a scale reference, on the day if possible. Municipalities repair defects quickly once notified, which is good for everyone else and inconvenient for your evidence.
Obtain the maintenance records
Inspection schedules, prior complaints and repair history. A defect that had been reported before is a different case.
What this costs you
We fight for the maximum compensation your claim will carry, and you do not pay a dollar unless we win.
Nothing up front. The consultation is free, we act on contingency, and we advance the costs of building the case so a claim is never held up by money. If we do not recover anything, you do not owe a fee.
- Free consultation, no obligation
- Not a dollar unless we win
- We advance disbursements
- Home and hospital visits across the GTA
Questions we get every week
For a road or sidewalk non-repair claim, written notice within 10 days. If snow or ice was involved a separate 60 day notice rule may also apply. Where it is unclear, satisfy both.
Not necessarily. There are limited circumstances in which late notice can be excused. It is worth asking rather than assuming.
Often you cannot tell from looking, particularly near driveways and building frontages. Give notice to both and sort it out afterwards.
Not by itself, but the repair record and any prior complaints about the same defect are useful evidence.
They can be, though the procedural protections make them harder than an equivalent claim against a private occupier. An honest early assessment matters.
Related areas
Slip and Fall
Slip and fall claims in Ontario carry notice deadlines far shorter than the usual two year limitation period.
Read moreCyclist and Pedestrian
Pedestrians and cyclists hit by a vehicle in Ontario can claim accident benefits even though they were not driving.
Read moreDog Bite Injuries
Ontario's Dog Owners' Liability Act makes an owner liable for a bite or attack whether or not the dog had ever shown aggression before.
Read moreFurther reading
Plain-language guides on the parts of an Ontario claim people ask about most.
How Long Do You Have to Sue in Ontario? The Deadlines That Actually End Claims
Everyone knows about the two years. Almost nobody knows about the ten days, and the ten days is what ends claims.
Read the guide DEADLINESYou May Have 10 Days: The Notice Rule That Kills Slip and Fall Claims
The deadline that ends most slip and fall claims arrives while the injured person is still deciding whether to see a doctor.
Read the guideWhere we act in Ontario
The limitation period, the statutory deductible and the tort threshold are provincial, so they are identical in every city here. What changes is who must be served inside the 10-day notice window, and that is decided by the city.
The lawyer on your file
A lawyer reads every enquiry. Not a form.
Send us what happened and Shawn Sidhu reads it himself, then replies the same business day. The first conversation is free and there is no obligation.
If we do not think you have a claim, we will tell you that too. You will know where you stand before you decide anything.
Shawn Sidhu, Lawyer
Called to the bar in British Columbia, 2013
University of British Columbia · University of Birmingham
- Free consultation, no obligation
- Not a dollar unless we win
- We come to you at home or in hospital
Your fight becomes ours the day you call us.
Consultations are free and there is no obligation. If we take the case you pay nothing unless we win, and if we think you do not have a claim we will tell you that too.
Start your free case review
Tell us what happened. A lawyer reviews every enquiry, and we reply the same business day.
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If you would rather not wait, call us now.
(416) 678-8765Free consultation, and no fee unless we win.