How To Sue The City

Cyclists want to know: can I sue the City for damage and injuries caused by bad road conditions? ARC says, go for it. From the time of the incident you have only 7 days to give the City notice that you intend to sue, otherwise they are off the hook. Feel free to use the sample Notice of Claim below. Send it by mail, by hand, by fax (416 392-1879), or by e-mail (clerk@toronto.ca).

[Note July 10th, 2006. The fax number may have changed for this to Fax: 416-392-2980]

Go ahead and have your bike repaired and keep the receipt. If you want to be thorough get a signed statement of the damage to your bike by the bike shop. Keep any relevant receipts for replaced clothing or equipment. It is a good idea to get a photo of the dangerous condition as soon as possible. If there was witnessed the crash, get them to write down an account of what they saw.

You should be able to proceed against the City in small claims court. This has the advantage that you do not need to have a lawyer. People frequently represent themselves in small claims cases.

Note: Especially if you are seriously injured, getting a lawyer is strongly recommended. See ARC's lawyer list.

Sample Notice of Claim

--Your Name--
--Your Street Address--
Toronto, Ontario
June 26, 2001

Toronto City Clerk's Office
Toronto City Hall 4th Floor, West Tower
100 Queen Street West
Toronto ON
M5H 2N2

Dear Sirs/Madams:

Re: Notice of Claim

I am writing to give notice to the City of Toronto, pursuant to the Municipal
Act, of the claim which is to be brought against it in respect of damages and
injuries suffered by me as a result of the existence of a highway obstruction
located at --STATE LOCATION OR STREET NUMBER--, that being --STATE WHAT THE
PROBLEM WAS--.

As a result of the City's neglect, on --DATE OF INCIDENT--, while riding my
bicycle, I sustained substantial personal injuries and property damage, the
particulars of which will be set forth in a Statement Claim.

Kindly remove the above-noted highway obstruction before others are hurt.

Please feel free to contact me in order to discuss the settlement of this
matter at your convenience.

Sincerely,

--your signature--

--your name--