Can I sue a municipality for an injury from a fall on a public sidewalk in Ontario?
Yes, a municipality can be sued for an injury from a fall on a public sidewalk it is responsible for maintaining, but claims against a municipality involve some additional considerations compared to suing a private property owner. Municipalities are generally held to a standard of reasonable, rather than perfect, maintenance, given the practical realities of budget and resources involved in maintaining a large network of sidewalks, roads, and public spaces, so courts look at whether the municipality had a reasonable system for identifying and repairing hazards like potholes, uneven pavement, or ice, given its size and resources, rather than whether every possible defect was addressed immediately.
Claims against municipalities also generally involve their own specific procedural requirements that do not apply to claims against a private landowner, including a notice requirement discussed in a related question. Because municipalities are typically well-resourced defendants that defend these claims carefully, and because the procedural rules around municipal claims can be technical and unforgiving if missed, getting legal advice early is particularly valuable whenever a fall happens on public rather than private property.
Key takeaways
- Municipalities can be liable for falls on sidewalks they are responsible for maintaining.
- They are generally held to a standard of reasonable, not perfect, maintenance.
- Claims against municipalities involve extra procedural requirements not found in claims against private owners.
- Early legal advice is valuable given how carefully municipalities typically defend these claims.