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  • Relevancy of 10-Day Notice for Municipal Liabilities

    October 20, 2015

    Many Ontario residents question the relevancy of the 10-day notice required for informing the Municipal on accidents related to the jurisdiction where a formal notification must be given with a response from the Municipal before accident parties could file for compensation claims. The final decision on this query would depend largely on the Ontario Courts based on the efficiency of how cases are handled by various parties.

    The Municipal Act 2001

    The 10-day notification to the Municipal is established in the Municipal Act 2001 where any personal injury accidents involving the Municipal in any way must be filed within the stipulated limitation period as provisional notice. After further discussion and debate, the Ontario Courts decided to uphold the current stance of this notification requirement from a review of related cases in the province.

    The Court of Appeal reviewed personal injury cases where the plaintiffs did not manage to give notice of their personal injuries and claims within the 10-day period to the Municipal. The Municipal Act 2001 states in Section 44(10) that:

    • No action shall be considered by the plaintiff for recovering damages under subsection 2 unless the required 10-day written notice of the injury and claim is submitted to the Municipality.

    With an exemption clause in Section 44(12) of the same Act that states:

    • A failure to give the required notice is not a bar to action depending on the Judge who may find a reasonable excuse on the insufficiency of the required 10-day notice without the Municipality being prejudiced in its defense.

    Personal Injury Litigation by Experienced Legal Representatives

    It is highly advisable that you should contact us as soon as possible when you encounter a legal difficulty such as this with the Municipal as identified defendant as we understand the predicament which you and your injured loved ones may have to go through. Our personal injury attorney is able to advise and represent you in and out of court proceedings to claim the required damages and compensation that would ease your financial burdens arising from the personal injury accident.

    A simple slip and fall on an icy pavement that is under the jurisdiction of the Municipal could bring on subsequent serious effects such as broken bones, chronic backache pain and spinal cord injuries. The court may find certain unreasonable circumstances on the case for the plaintiff to take action after the stipulated 10-day notice but our long term disability claims lawyer would find proof of incapacitation on the plaintiff who could not serve the required 10-day notice. Hence, the plaintiff would enjoy the 10-day period when he or she is no longer incapacitated.

    The Ontario Court of Appeal reviews the Municipal Act diligently to offer a liberal interpretation on “reasonable excuse” for the plaintiff to exercise a deferment on the required 10-day notification. Our skilled personal injury attorney could help you prove that you were:

    • in a highly unsteady emotional condition
    • experiencing intense physical pain and suffering caused by the incident
    • ignorant of the Municipal Act terms and conditions

    Ontario Court of Appeal Proceedings

    It is possible that the Ontario Court of Appeal would waive the stringent 10-day notification requirement as per the Municipal Act 2001 based on our aggressive lawyer’s legal representation skills. The Court of Appeal would consider the plaintiff’s emotional and psychological conditions in failing to give the required notice or the plaintiff’s ignorance of the notice as reasonable excuses on Section 44(12).

    The Ontario Court of Appeal may investigate on the negligence of the Municipal in fulfilling its role and duty with road works and proper maintenance of its facilities around the city or town that would prevent personal injuries to pedestrians.

    Many varied personal injury cases against the Municipal could be brought to the Ontario Court of Appeal or the Superior Court for the proper actions against the defendant. However, poorly advised plaintiffs stand to suffer more than pride if their personal injury case is not addressed properly through experienced and skilled accident injury lawyer services such as our legal firm. There may be an abundant of personal injury lawyers in the market but only those with an in-depth long experience on unique injury cases like ours could make a strong impact on the result for the plaintiff. Our no win no fee lawyer could present your personal injury case favorably before the Court judge in a trial to secure your rights in bypassing the stringent 10-day notification to the Municipal in any personal injury litigation against the city authority.

     

    If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.

  • Relevancy of 10-Day Notice for Municipal Liabilities

    October 20, 2015

    Many Ontario residents question the relevancy of the 10-day notice required for informing the Municipal on accidents related to the jurisdiction where a formal notification must be given with a response from the Municipal before accident parties could file for compensation claims. The final decision on this query would depend largely on the Ontario Courts based on the efficiency of how cases are handled by various parties.

    The Municipal Act 2001

    The 10-day notification to the Municipal is established in the Municipal Act 2001 where any personal injury accidents involving the Municipal in any way must be filed within the stipulated limitation period as provisional notice. After further discussion and debate, the Ontario Courts decided to uphold the current stance of this notification requirement from a review of related cases in the province.

    The Court of Appeal reviewed personal injury cases where the plaintiffs did not manage to give notice of their personal injuries and claims within the 10-day period to the Municipal. The Municipal Act 2001 states in Section 44(10) that:

    • No action shall be considered by the plaintiff for recovering damages under subsection 2 unless the required 10-day written notice of the injury and claim is submitted to the Municipality.

    With an exemption clause in Section 44(12) of the same Act that states:

    • A failure to give the required notice is not a bar to action depending on the Judge who may find a reasonable excuse on the insufficiency of the required 10-day notice without the Municipality being prejudiced in its defense.

    Personal Injury Litigation by Experienced Legal Representatives

    It is highly advisable that you should contact us as soon as possible when you encounter a legal difficulty such as this with the Municipal as identified defendant as we understand the predicament which you and your injured loved ones may have to go through. Our personal injury attorney is able to advise and represent you in and out of court proceedings to claim the required damages and compensation that would ease your financial burdens arising from the personal injury accident.

    A simple slip and fall on an icy pavement that is under the jurisdiction of the Municipal could bring on subsequent serious effects such as broken bones, chronic backache pain and spinal cord injuries. The court may find certain unreasonable circumstances on the case for the plaintiff to take action after the stipulated 10-day notice but our long term disability claims lawyer would find proof of incapacitation on the plaintiff who could not serve the required 10-day notice. Hence, the plaintiff would enjoy the 10-day period when he or she is no longer incapacitated.

    The Ontario Court of Appeal reviews the Municipal Act diligently to offer a liberal interpretation on “reasonable excuse” for the plaintiff to exercise a deferment on the required 10-day notification. Our skilled personal injury attorney could help you prove that you were:

    • in a highly unsteady emotional condition
    • experiencing intense physical pain and suffering caused by the incident
    • ignorant of the Municipal Act terms and conditions

    Ontario Court of Appeal Proceedings

    It is possible that the Ontario Court of Appeal would waive the stringent 10-day notification requirement as per the Municipal Act 2001 based on our aggressive lawyer’s legal representation skills. The Court of Appeal would consider the plaintiff’s emotional and psychological conditions in failing to give the required notice or the plaintiff’s ignorance of the notice as reasonable excuses on Section 44(12).

    The Ontario Court of Appeal may investigate on the negligence of the Municipal in fulfilling its role and duty with road works and proper maintenance of its facilities around the city or town that would prevent personal injuries to pedestrians.

    Many varied personal injury cases against the Municipal could be brought to the Ontario Court of Appeal or the Superior Court for the proper actions against the defendant. However, poorly advised plaintiffs stand to suffer more than pride if their personal injury case is not addressed properly through experienced and skilled accident injury lawyer services such as our legal firm. There may be an abundant of personal injury lawyers in the market but only those with an in-depth long experience on unique injury cases like ours could make a strong impact on the result for the plaintiff. Our no win no fee lawyer could present your personal injury case favorably before the Court judge in a trial to secure your rights in bypassing the stringent 10-day notification to the Municipal in any personal injury litigation against the city authority.

     

    If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.

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