Notice of Action Letter (ON)

Summary

This precedent is a notice letter to a municipality informing the municipality of a potential cause of action where the claimant suffered injuries as a result of a slip and fall on municipal property. This precedent includes practical guidance and drafting notes. A notice letter is required prior to an action for damages being commenced for an incident that occurs on municipal property. A municipality has jurisdiction over the maintenance of highways and bridges such that they must keep it in a state of repair that is reasonable in the circumstances (see Municipal Act, 2001, S.O. 2001, c.25 (the "Act"), s. 44(1)). Pursuant to s. 44(10) of the Act, counsel has 10 days after the injury occurs to put a municipality on notice of a claim, including the injury, date of incident, time, and location of occurrence. For more information on claims relating to occupiers' liability in Ontario, see the practice note: Occupiers' Liability Act and Common Law (ON). For a discussion of the duty of a ...