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 home and auto insurance policies to determine what coverage best suits your needs. Most insurance policies provide your insurer with the right of subrogation, which allows the insurer to step into its insured's shoes to sue the wrongful party once the insurer pays the insured the amount of the loss payable under the policy. While an insured has a duty to cooperate with their insurer in prosecuting the claim, the insurer will generally bear the legal cost of the proceeding since subrogation is a mechanism to allow insurers to recover their loss from the third-party wrongdoer.
Note: while this blog and the information above provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. Please contact our office for a consultation with one of our lawyers if you would like to discuss your potential civil litigation matter.