Be Swift in Personal Injury Claims - or You May Lose Your Right to Sue

April 30, 2009, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In a recent decision by an Ontario Court, a municipal defendant failed in its attempt to have a claim brought by a person in a trip and fall accident dismissed (Cena v. Town of Oakville, January 21, 2009).  The injured person tripped on an uneven municipal sidewalk and fractured her kneecap.  She attended at a hospital on the day of the accident, September 14, 2006, and was diagnosed with a fractured kneecap.  She was making good progress initially but by November 2006 she did not notice any further improvement.  She thought her injury might be permanent.  She then attended at the site of the accident and noted the height differential between the sidewalks where she fell.  She then consulted a lawyer and a notice letter was sent to the Municipality on November 20, 2006. 

The Municipality took the position that the injured person did not provide written within the 10-day time limit as required under the Municipal Act.  However, the failure to give notice within the 10 days following accident is not necessarily fatal to an injured person's claim where they are able to provide a "reasonable excuse" for not providing the notice within the required time period.  The injured person was not concerned until November about her response to medical treatment.  Further, she was not aware of a potential legal claim until she consulted with a lawyer about the accident in November 20, 2006.  The court determined that the issue of whether there was a reasonable excuse for the delay should be dealt with at the trial and that is could not be finally determined on a motion by the Muncipality.

It is important that whenever one is injured in an accident that one believes may be caused by another party, then the injured party should consult with a personal injury lawyer immediately to review any timelines and limitations that may affect the claim.

Posted under Personal Injury, Fractures, Slip and Fall Injury, Treatment

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About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain or Head injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  10. Post Traumatic Stress Disorder
  11. Slip and Fall Accidents
  12. Birth Trauma Injury
  1. Wrongful death
  2. Bicycle accidents
  3. Disability insurance claims
  4. Slip and fall injury
  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement
  10. Fibromyalgia
  11. Nursing Home Fatality Claims

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