In Ontario, individuals who suffer damages due to the negligence or omission of a municipality or public entity may have grounds to file a legal claim. These claims can arise from incidents such as injuries on municipal property, motor vehicle accidents involving city vehicles, flooding caused by infrastructure failures, or other situations involving negligence on the part of local government or its employees.

Understanding the legal framework and statutory obligations surrounding claims against municipalities is crucial, as the process is governed by strict timelines and procedural requirements under Ontario law. At MTS Paralegal Services, Tim and his team provide knowledgeable guidance in navigating these complex matters.

Legal Foundation for Municipal Liability in Ontario

Municipalities in Ontario are governed by the Municipal Act, 2001, and other applicable legislation, which outlines both the powers and responsibilities of local governments. Under this Act, municipalities can be held liable for damages arising from negligence, including the failure to maintain roads, sidewalks, or other public infrastructure in a reasonably safe condition.

However, municipalities enjoy certain legal protections. The courts often consider whether the municipality acted within a “policy decision” or “operational decision.” Generally, municipalities are immune from liability for core policy decisions made in good faith. Conversely, they can be held liable for negligent operational decisions, such as failing to repair a known hazard on a public sidewalk.

Notice Requirements and Limitation Periods

One of the most critical aspects of filing a claim against a municipality in Ontario is adhering to the statutory notice period. Section 44(10) of the Municipal Act, 2001 mandates that claimants provide written notice of the incident to the municipality within 10 days of the occurrence. This notice must include the date, time, location, and general nature of the incident and resulting damages or injuries.

Failure to comply with the 10-day notice requirement can result in dismissal of the claim unless the court finds a “reasonable excuse” for the delay and determines that the municipality was not prejudiced by the late notice.

In addition to the notice requirement, claimants must also observe the general two-year limitation period to commence legal proceedings, as set out in the Limitations Act, 2002. This period begins from the date the damage was discovered or reasonably ought to have been discovered.

Filing a Claim Against a Public Entity

Public entities, such as school boards, hospitals, and government agencies, are also subject to claims under certain circumstances. Although notice provisions may differ, the general principles of negligence and limitation periods apply. These cases may involve claims for injuries sustained due to unsafe premises, negligent hiring or supervision, or improper conduct by employees.

Given the legal complexity and the need to gather appropriate evidence (such as photographs, witness statements, and medical documentation), it is advisable to seek legal support promptly.

Why Legal Representation Matters

Bringing a claim against a public body often involves unique procedural steps, including disclosure obligations, negotiations with legal departments or insurance adjusters, and potential litigation. Attempting to navigate this process without experienced representation could significantly compromise the outcome of your case.

At MTS Paralegal Services, Tim has in-depth experience in representing clients in municipal and public entity claims across Ontario. He ensures that statutory deadlines are met, documentation is properly submitted, and clients are informed of their legal rights every step of the way.

If you believe you have a claim against a municipality in Ontario or another public authority, prompt action is essential. Don’t wait for deadlines to pass or risk losing your right to compensation.

Call Tim at MTS Paralegal Services today at (226) 444-4882 or visit https://mtsparalegalservices.com/ for trusted, professional support with your claim.