SIDHUINJURY LAWYERS
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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.

10days

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)

60days

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

2years

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.

1

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.

2

Work out who owns the hazard

City, region, utility or contractor. More than one notice is often the safe answer.

3

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.

4

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
COMMON QUESTIONS

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.

Shawn Sidhu, personal injury lawyer at Sidhu Injury Lawyers

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
Contact us

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.

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