Jun 08, 2021 in News Personal Injury

Personal Injury: Notice of Personal Injury Claim Given After Statutory Notice Period Expired Allowed to Proceed by Superior Court

When a person wishes to file a personal injury claim in Ontario, they must do so within a certain time period. This "limitation period" varies depending on the type of injury or accident in question. In a standard personal injury claim, such as against an at-fault driver in motor vehicle accident, the plaintiff generally has two years to submit notice of their intention to sue. In slip and fall claims, new laws in Ontario dictate that plaintiffs must submit notice within 60 days. In claims against municipalities, the notice period is generally just 10 days. However, there are exceptions to these rules. In Graham v. City of Toronto, Ontario's Superior Court of Justice recently allowed a personal injury lawsuit against the City of Toronto to proceed, even though notice wasn't filed until nearly three months after the accident. Here's what happened, according to reporting from Law Times: In January 2018, the plaintiff tripped on a pothole in a pedestrian crosswalk. She sustained serious injuries, including to her neck and right shoulder, elbow, arm and hand. In April 2019 she underwent surgery to address some of her injuries, and in May 2019 she stepped down from her job to focus on treatment and recovery. She continues to require daily exercise to manage pain from the accident. The plaintiff submitted her notice of claim to the city in March 2018. The city then filed a motion for summary judgement because the plaintiff had breached the ten-day notice period. The court decided in the plaintiff's favour for several reasons. First, it rejected the defendant's assertion that the notice period had been breached. The plaintiff, the court accepted, was initially unaware of the brief limitation period required for claims against municipalities. Additionally, the plaintiff's doctor had at first informed her that her injuries would heal with treatment; she did not choose to pursue a claim until it became apparent that her recovery would take significant time and effort. The court also rejected the defendant's claim that it was prejudiced by the delayed notice. The city claimed that the delay made it impossible to examine or measure the pothole before it was repaired; a forensic engineer concluded that photographs of the pothole were all that was required to perform an adequate inspection. Although a personal injury claim submitted after a Notice Period can be difficult to litigate, it is always a good idea to consult with a personal injury lawyer about the specifics of your case. If you or a member of your family has been injured, reach out to Neinstein Personal Injury Lawyers today to discuss your options.

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