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Showing posts from September, 2020

GSPC in the News

Last week, GSPC lawyer Daniel Mauer commented on the case of a fallen tree in St. Catharines. The segment, which aired on September 11, 2020, can be found on the CHCH website .  This case brings forward some important considerations with respect to municipal liability and insurance generally.  Notice under the Municipal Act It is important to remember when suing an Ontario municipality that a potential claimant must provide the municipality with notice of a claim arising out of any alleged failure to properly maintain a municipal highway or bridge within 10 days of the damage or injury occurring. Section 44 of the Municipal Act, 2001 sets out the requirements for such notice. While a party who fails to give notice within the 10-day period may apply to the court for relief from compliance, it is advisable to provide the proper notice to avoid potential issues in any ensuing litigation.  Insurance Regardless of whether you have a negligence claim, it is always advisable to review your h