416-703-2402 Local
1-888-378-3388 Toll Free

Posts Tagged: municipality

Hurt Tobaggoning in Hamilton: $580,000 for Spinal Cord Injury

A family of four went tobaggoning on a reservoir property owned by the City of Hamilton, in an area where tobogganing was expressly prohibited (but this was not known by the family). After their two children went down the hill, the plaintiff father went down, hit a ridge and overturned, and badly injured himself, including a crushed L1 vertebrae, chronic pain and depression. The mother and father eventually ended their 19 year marriage alleging that the father’s changed personality after this accident was the main reason.… Continue Reading

Tags: , , ,

Slip and Fall on Ice > 5 Months to Notify City is Reasonable

It is generally difficult to pursue the City of Toronto and other Ontario municipalities for failure to clear their sidewalks of ice and snow.

First, you must send a notice letter properly to the City immediately after your accident, within 10 days of your slip and fall accident.  This applies even if you are in the hospital.  The exceptions are limited.

Then, you must prove negligence on the part of the City for failing to maintain their sidewalks, found in s.44(9) of the Municipal Act, 2001, which reads:

Expert in case of gross negligence, a municipality is not liable for a personal injury caused by snow or ice on a sidewalk.… Continue Reading

Slip and Fall on City Property – Act Quickly if You Are Hurt

If you hurt yourself on City property, which most commonly is a slip and fall on ice, snow or an uneven sidewalk, then you have 10 days to notify the City in writing of your incident – s. 44(10) of the Municipal Act.

Most people do not know that they have 10 days to notify the City of their accident.

NOTE: if you are hurt and seek medical treatment (whether you are hospitalized or attending at your family doctor’s clinic), the 10 day period still applies unless you fall under a narrow exception of circumstances.… Continue Reading

Slip and Fall into a 6 Foot Trench > City Construction Work

Slip and fall or trip and fall injuries are common.  Slip and fall injuries usually take place on ice and snow or other slippery surfaces, such as freshly waxed floors within buildings.  Trip and falls usually take place over uneven surfaces, including construction zones or repair and maintenance situations.

In the Singer v. City of Hamilton (2007 Ontario Superior Court of Justice) a slip and fall involving a 78 year old woman, whereby she fell into a 6 foot trench, recently was heard by the Ontario Court of Appeal (here) and the appeal was dismissed.… Continue Reading

Tags: , , ,

Suing the Fire Department for Their Poor Handling of Your Fire

Years ago I was involved in a file against the Toronto Fire Department arising from a house fire in Toronto, around the time of amalgamation of the City of Toronto. The house fire was in a nice residential area and suffered extensive fire damage, such that it had to be torn down and built new.

Part of the problem was the delay in the response of the Toronto Fire Department in arriving at the scene. Given that this fire occurred just past midnight during the week, many neighbours came out to watch the fire slowly consume the home and there were many witnesses who complained of the slow response.… Continue Reading

Tags: , ,

Slip and Fall Injury on Ice and Snow > Ontario Summary Judgment Motion Denied

Our harsh Ontario winters still produce plenty of snow and ice which leads to many slip and fall accidents and injuries.

If you injure yourself in a slip and fall accident, where you fall is an important issue.  If you fall on a City sidewalk, then you must immediately give written notice to the City of the particulars of your fall.  It is also best for you to immediately consult with a personal injury lawyer to decide whether to start a lawsuit against the City and others.… Continue Reading

Tags: , , ,