Following an accident, if you believe that you have suffered damage to property or bodily injury caused by the negligence or fault of the city, you must follow the following procedure if you wish to exercise your rights.
You must submit a written notice of claim within 15 days of the event stating:
- the first and last name and contact information of the person filing the claim;
- the circumstances of the accident and the date and place where the event occurred;
- the amount of the claim (if available) and an estimate or invoice to justify the claim;
- photos of the damage if possible.
It is important to include any relevant document (photos, invoices, supporting documents) to support your claim. If it is not possible to provide these documents when you submit your written notice of claim, you can send them at a later date.
You can submit this notice of claim:
By using this form or emailing your notice of claim to:
In person or by mail
Direction du greffe et du contentieux
After submitting your written notice, you have six months to begin proceedings against the city, if you so wish, even if you have not received a final response from the city.
The form is made available to the claimant for the sole purpose of assisting him or her. The city is not liable for how the form is completed.
You are responsible for checking that the city has received your claim in the set time limit.
If you have an insurance policy covering your property, we recommend that you inform your insurance company about the damage suffered.
Once your file has been completed, the relevant city department will be asked to draw up a report to determine the cause of the damage. Filing a claim form does not constitute admission of liability by the city. The city will decide whether the claim is valid or not after the investigation. The city reserves the right to only pay part of a claim if it considers that the amount claimed is not justified.
A direct causal link must exist between the alleged fault committed by the city and the damage in order for the city to be held liable.
Snow or ice
Under the Cities and Towns Act, the city is not liable for damage resulting from an accident suffered by a person on a sidewalk, street, road or walkway due to snow or ice, unless the claimant establishes that the accident was caused by the negligence or fault of the city; the court must take the weather conditions into account.
Under the Cities and Towns Act, no right of action shall lie against the city for damages caused by sewer backup to articles, merchandise or effects kept for any purpose in a cellar or basement, if the claimant has already received compensation from the city for similar damages caused at the same place and has not subsequently installed there, 30 cm at least from the floor and at a distance of at least 30 cm from the exterior walls, a support on which such articles, merchandise or effects must be kept.
In addition, the city is not liable in the event of sewer backup if the sanitary sewer and storm drainage systems do not comply with municipal by-laws on mandatory retention valves (also referred to as non-return valves) regardless of the year of construction of the building.
Under the Cities and Towns Act, the city is not liable for damage caused by the presence of an object on the roadway, whether or not the object comes from a motor vehicle or is projected by a motor vehicle. Neither is it liable for damage caused by the state of the roadway to the tires or suspension system of a motor vehicle.
The Act also stipulates that the city is not liable for damage resulting from the absence of a fence between the right of way of a street or road and contiguous land.
Finally, also under the Act, the city is not liable for damage caused through the fault of a builder or contractor to whom building, rebuilding or maintenance work has been entrusted, for the entire duration of such work.
The information provided in this section is for information purposes only and is adapted from applicable legal texts. It has no legal value. Applicable legal texts always prevail over the content of this section.