Ontario personal injury claims are generally subject to a two-year limitation period, but some claims against a municipality have a much shorter notice period. If you were injured because of the condition of a municipal road, bridge or sidewalk, you may need to give the municipality written notice within 10 days of the injury.
The notice must identify the claim and injury and include when and where the incident happened. Toronto has a similar 10-day requirement under the City of Toronto Act. Missing the deadline does not automatically end every claim, but whether late notice will be accepted depends on the circumstances.
This guide explains when the 10-day municipal notice period applies, what the notice should include, what happens if it is late, and how these rules fit with Ontario’s general limitation period.
When Ontario’s 10-day municipal notice rule applies
Under section 44 of Ontario’s Municipal Act, 2001, municipalities have a duty to keep the highways and bridges they are responsible for in a reasonable state of repair. This can include claims involving unsafe road or sidewalk conditions.
For these claims, section 44(10) generally requires written notice within 10 days of the injury. The notice must identify the claim and injury and include the date, time and location of the incident. It must be served on or sent by registered mail to the municipal clerk.
Toronto has a similar 10-day rule under section 42(6) of the City of Toronto Act, 2006. The City of Toronto currently allows notices to be submitted through its online claims process.
In practice, the notice should give the municipality enough information to identify the incident and investigate it. Include your contact information, when and where the injury happened, what occurred and the injuries known at the time.
What happens if you miss the 10-day municipal notice deadline
Missing the 10-day deadline does not automatically end a municipal injury claim.
Under section 44 of the Municipal Act, 2001, late or incomplete notice may be excused if there was a reasonable explanation for the delay and the municipality was not prejudiced in defending the claim. The notice requirement also does not apply where the injured person dies as a result of the injury.
Ontario courts look at the circumstances of each case. In Crinson v. Toronto (City), notice was given several months after the accident. The Court of Appeal accepted the delay after considering the seriousness of the plaintiff’s injuries, his recovery and the fact that the City was not prejudiced. In Seif v. Toronto (City), the Court of Appeal also found that a delayed notice could be excused where the plaintiff initially believed her injury would improve and only later realized it might be permanent.
More recently, in Marderosian v. City of Niagara Falls, a 70-day delay was not excused. The court found that the plaintiff had not established a reasonable explanation for waiting and had not overcome the concern that the City was placed at an evidentiary disadvantage.
The practical point is that late notice can make a claim harder, but it is not always fatal. If the 10-day period has already passed, giving notice as soon as possible may still matter because evidence can disappear and conditions can change.
How municipalities defend road and sidewalk injury claims
A municipality is not automatically liable because a road or sidewalk was unsafe. Under Ontario law, it may defend a claim by showing that it did not know and could not reasonably have known about the problem, that it took reasonable steps to prevent it, or that it met the applicable minimum maintenance standards.
Those standards can matter in claims involving sidewalk defects, snow and ice. For example, Ontario sets measurable standards for sidewalk surface differences and winter maintenance, although different rules can apply during significant weather events.
Because these cases can depend on measurements, timing and what the municipality knew, early evidence is important. Photos, measurements, weather information and the exact location of the hazard can help show what conditions were like when the injury occurred.
Snow and ice claims on municipal sidewalks face an additional hurdle: Ontario law generally requires proof of gross negligence, not just ordinary negligence.
Our guide to who is liable for a slippery sidewalk explains how responsibility can differ between a municipality and the neighbouring property owner.
Other Ontario injury deadlines that are easy to confuse
Ontario has several short notice periods that apply to different types of injury claims.
| Deadline | What it applies to | Where the rule comes from |
|---|---|---|
| 10 days | Certain claims involving the condition of a municipal road, bridge or sidewalk, including similar claims against the City of Toronto | Municipal Act, 2001, s. 44(10); City of Toronto Act, 2006, s. 42(6) |
| 60 days | Injury caused by snow or ice on private property; notice to an occupier or applicable snow-removal contractor | Occupiers’ Liability Act, s. 6.1 |
| Crown claims | Claims against the Province have their own notice rules. A general damages claim requires notice at least 60 days before the proceeding, while certain claims involving Crown-controlled property require notice within 10 days of the event. | Crown Liability and Proceedings Act, 2019, s. 18 |
| 2 years | Generally, the limitation period for starting a court claim, measured from when the claim was discovered | Limitations Act, 2002, s. 4 |
The 60-day snow-and-ice rule is easy to confuse with the municipal deadline. A fall caused by snow or ice on private property, such as a plaza parking lot, generally falls under the Occupiers’ Liability Act. A claim involving the condition of a municipal sidewalk may instead be subject to the 10-day municipal rule. Our guide to winter slip and fall notice rules explains the private-property requirements in more detail.
It can also be difficult to tell whether a road is maintained by a municipality or the Province. Our article on crashes caused by road conditions explains why identifying the responsible road authority matters.
These notice requirements are separate from the deadline for starting a lawsuit. For a broader comparison, see our guide to Ontario personal injury deadlines and rights.
What to do in the first 10 days after a municipal road or sidewalk injury
The first priority is getting appropriate medical care, but it is also important to preserve evidence and give the municipality notice before conditions change.
- Get medical attention and document the injury. Tell your health care provider how the injury happened and where the incident occurred.
- Photograph the location and hazard. Take wide photos that identify the location and closer photos showing the defect, snow, ice or other condition. If it is safe to do so, measure any height, depth or gap.
- Write down the details. Record the date, time, exact location and what happened while the circumstances are still fresh.
- Identify witnesses and other evidence. Get witness contact information and note any nearby security or traffic cameras.
- Report the hazard where appropriate. In Toronto, the City asks people affected by City infrastructure to contact 311 so it can investigate. A 311 report does not replace the separate notice of claim.
- Give the municipality written notice. Include enough information to identify the claim, injury, date, time and location, and keep proof that the notice was submitted. Toronto currently accepts claims through its online form as well as by mail or courier.
Keep copies of photographs, receipts, medical information and correspondence. Municipal inspection records, maintenance logs, work orders and previous complaints may also become relevant later, and some records can be requested through Ontario’s municipal freedom-of-information process.
If you are unsure which municipality or authority is responsible, a slip and fall lawyer can help identify the correct party and the notice requirements that apply.
Frequently Asked Questions
What happens if I miss the 10-day municipal notice deadline?
Missing the 10-day deadline does not automatically end the claim. A court may allow late or incomplete notice where there was a reasonable excuse and the municipality was not prejudiced in defending the claim. The notice requirement also does not apply where the injured person dies as a result of the injury.
Do I have 10 days or 60 days to give notice?
It depends on the type of claim. Certain injuries involving the condition of a municipal road, bridge or sidewalk are generally subject to a 10-day notice period. An injury caused by snow or ice on private property is generally subject to a 60-day notice period under Ontario’s Occupiers’ Liability Act.
Does calling 311 count as giving notice of my claim?
Not by itself. In Toronto, calling 311 can create a record of the infrastructure problem and allow the City to investigate, but the City separately requires notice of the claim. Toronto currently accepts claims through its online Claim Submission Web Form. Other municipalities may have different submission procedures.
How long do I have to start a lawsuit against a municipality?
Ontario’s general limitation period is two years from the date the claim was discovered, which is often the date of the injury. The 10-day municipal notice requirement is separate: giving notice does not start the lawsuit or extend the general limitation period.
If you or a family member was injured because of the condition of a municipal road or sidewalk in Ontario, schedule a free consultation with Zayouna Law Firm to discuss the notice requirements and your options.
