Under section 585 and followings of the Cities and Towns Act (R.S.Q. chapter C-19), if any person claims or pretends to have suffered property damages* or bodily injury by any accident, for which he or she intends to claim damages from the municipality, he or she shall, within fifteen (15) days from the date of such accident, give or cause to be given notice in writing to the Clerk of the municipality of such intention. IMPORTANT: A notice given by phone or orally does not constitute an adequate notice as per the Cities and Towns Act.

A written notice may be given using the online form. It must be filed by e-mail at info@beaconsfield.ca or in person or by mail (see below for address). IMPORTANT: It is your responsibility to verify the reception of a document sent by e-mail or by mail.

The notice must be given within the 15 days period described above and include:

  • Surname and given name of claimant;
  • Address of claimant;
  • Phone number and/or e-mail of claimant;
  • Cause of damage;
  • Date and location of damage;
  • Claim details;
  • Photos, if available;
  • Repair or replacement invoice(s), if available.

City Clerk's Office
City of Beaconsfield
303 Beaconsfield Boulevard
Beaconsfield (Quebec) H9W 4A7

Telephone: 514 428-4420

 
icon_PDF_iconNotice of claim Form

*The concept of "property damage" refers both to damages to movable assets (e.g. car) and to real estate (e.g. house). A direct link must exist between the fault and the damage to pledge the liability of the municipality.

Cases where the municipality cannot be held liable for damages

The Cities and Towns Act (hereafter "CTA") discharges the municipality in certain cases:

Subject CTA Provisions Description
Object on Roadway

604.1 para 1 

 

• "The municipality is not liable for damage caused by the presence of an object on the roadway or on a walkway or bikeway (...)", whether or not the object originates from an automotive vehicle or was catapulted by it.

• "Object" refers to any object that is not part of the roadway (e.g. a plank on the roadside from a construction site).

• Damages can be caused to automotive vehicles, a motorbike or a bicycle, among others.

• "Roadway" refers to streets, alleys and sidewalks.

 State of the Roadway

 604. para 2

 

 • "[The municipality] is [not] liable for damage caused by the state of the roadway or bikeway to the tires or suspension system of a vehicle".

• It is still possible to file a claim for damages other than those to the tires or suspension system of a vehicle.

• The expression "state of the roadway" includes potholes, catch basin lids, and manholes that are raised above ground, among others.

 Absence of Fence  604.2  • "The municipality is not liable for damage resulting from the absence of a fence between the right of way of a street, road, walkway or bikeway and contiguous land".
 Fault of a Contractor  604.3  • "The municipality 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 discharge also includes contracts awarded to contractors by the municipality.

 Snow or Ice  585 ss 7  • "No municipality may be held liable for damage resulting from an accident, of which any person is the victim, on the sidewalks, streets, roads, walkways or bikeways, by reason of the snow or ice, unless the claimant establishes that the said accident was caused by the negligence or fault of the said municipality, the court having to take into account the weather conditions".
 Sewer Back-Up  585 ss 8  • "No right of action shall lie against the municipality for damages caused by the back-flow from a sewer to articles, merchandise or effects kept for any purpose in a cellar or basement, if the claimant has already received compensation from the municipality 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".

• The discharge includes both sanitary and storm sewer back-ups

Expiry of Claim Period  585 ss 1  • "In case of any claim for damages to property (...) a (...) notice shall also be given to the clerk of the municipality, within 15 days, failing which the municipality shall not be liable for any damages, any provision of law to the contrary notwithstanding".

Claim Processing Time

On average between two and three months.

Proceeding for Damages

If the municipality refuses to compensate you, you can file a proceeding for damages in the Small Claims Court if the amount claimed is $7,000 or under. If the amount is over $7,000, the claimant can refer the matter to the attorney of his or her choice.
The prescription to file a proceeding for damages against the municipality is:

  • six months following the date of the event for property damage;
  • three years from the day the right to take action accrued for bodily injury.