The first step for an injured party to avoid having their claim quashed under municipal laws is to provide notice within 10 days of their accident – even if they’re not certain they want to start a lawsuit, says Toronto personal injury lawyer Kevin Marshall.
“That gives you the option of pursuing the claim – or not,” says Marshall. “There’s nothing to be lost by sending a letter, and everything to be gained.”
In Seif v. City of Toronto, a motion for summary judgment brought by the city was granted after the plaintiff failed to provide notice of her claim within 10 days of her accident, as required by s. 42(6) of the City of Toronto Act.
In August 2011, the woman fell on a city sidewalk and fractured her wrist. She later returned to the sidewalk and took note of a gap in the area where she tripped, and on Dec. 21, 2011, sent a letter to the city notifying the municipality of the accident.