When is the deadline for notice to municipality of a highway or bridge non-repair claim - ten days?
The catalogue records a 10 days period from The occurrence of the injury. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 10 days
- Trigger
- The occurrence of the injury
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- STATUTORY RELIEF EXISTS AND IS SUBSTANTIAL. s 44(12): failure to give notice or insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or the insufficiency of the notice AND that the municipality is not prejudiced in its defence. s 44(11): failure to give notice is not a bar in the case of the death of the injured person as a result of the injury. There is no power to extend the ten days prospectively - relief is retrospective and conditional.
- Runs from the OCCURRENCE, not from discovery. Ten days exceeds seven, so no short-period holiday exclusion arises; and in any event r 3.01 does not govern a statutory notice period - Legislation Act, 2006, s 89 does, and its s 88(2) holiday list excludes Saturday and the Civic Holiday. The notice content requirement (date, time and location) is itself mandatory. Note the separate substantive defences in s 44(3) and the gross negligence threshold for snow and ice on sidewalks in s 44(9). The City of Toronto Act, 2006 contains a parallel provision that must be checked for claims against Toronto.