If you are injured due to a hazard on a municipal sidewalk, roadway, or other City property in Ontario, strict notice requirements may apply.

Failing to provide timely notice can seriously jeopardize a claim against a municipality.

While most municipalities in Ontario are governed by the Municipal Act, 2001, claims involving the City of Toronto are governed by the City of Toronto Act, 2006.

 

The Critical Notice Deadlines

The applicable notice deadline depends on where the incident occurred and the nature of the alleged hazard.

 

1. The 10-Day Rule — Roads and Sidewalks

If your injury relates to the condition of a municipal roadway or sidewalk — including:

• potholes;
• cracks;
• uneven pavement;
• snow; or
• ice —

written notice of the claim must generally be provided to the municipality within 10 days of the incident.

These provisions apply to many claims involving alleged non-repair or improper maintenance of roads and sidewalks.

 

2. The 60-Day Rule — Other Municipal Property

Different rules may apply where the incident occurs on municipal property that is not considered a roadway or sidewalk.

For example, claims involving snow or ice at:

• parks;
• recreation facilities;
• municipal pathways;
• parking areas; or
• administrative buildings

may instead fall under Ontario’s Occupiers’ Liability Act, which generally requires notice within 60 days.

Determining which notice regime applies can sometimes become a significant legal issue.

 

Providing Notice to the City of Toronto

The City of Toronto provides an online Claim Submission Web Form that may be used to provide notice of a claim.

When submitting notice, it is important to include:

• your contact information;
• the date of the incident;
• the precise location of the occurrence; and
• a brief description of what happened.

After submission, the City will generally provide a confirmation email and claim number for future communications.

At the initial stage, the online portal may not permit uploads of photographs, receipts, or supporting documentation. Those materials should nevertheless be preserved.

 

Sidewalk Defect Claims and the 2 cm Standard

Claims involving sidewalk defects are often assessed in light of Ontario’s Minimum Maintenance Standards (“MMS”).

Under the MMS, a sidewalk may be considered to be in a reasonable state of repair where the vertical discontinuity — or height differential — is less than 2 centimetres.

As a result, municipalities frequently rely on the “2 cm defence” in sidewalk defect litigation.

That does not automatically defeat a claim, but it can become an important evidentiary issue.

 

Snow and Ice Claims Against Municipalities

Snow and ice claims involving municipal sidewalks present additional legal hurdles.

In many cases, an injured person must establish “gross negligence” rather than ordinary negligence.

This is a significantly higher legal threshold and generally requires proof of markedly deficient winter maintenance or inspection practices.

Municipal snow and ice claims therefore often involve detailed review of:

• weather records;
• maintenance logs;
• inspection records;
• salting and plowing records; and
• applicable maintenance standards.

 

Filing Notice Is Not the Same as Starting a Lawsuit

Providing notice to a municipality does not commence a legal proceeding.

The notice requirement simply preserves the potential right to advance a claim.

Under Ontario’s limitation legislation, a lawsuit must still generally be formally commenced within two years of the date of the incident.

 

Practical Steps After a Fall

If you are injured due to a sidewalk, roadway, snow, or ice hazard, it is often important to:

• photograph the scene immediately;
• document weather and surface conditions;
• measure any defect if possible;
• obtain witness information;
• report the incident;
• preserve footwear and clothing; and
• seek medical attention promptly.

Early investigation is frequently critical in municipal liability claims.

 

Contact Rotondo Law Firm Professional Corporation

Rotondo Law Firm Professional Corporation represents individuals injured in municipal liability, sidewalk defect, roadway hazard, and snow and ice claims across Ontario.

If you were injured due to unsafe municipal property conditions, contact our office promptly to discuss applicable notice requirements, limitation periods, and your potential legal rights.