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 or damage, 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: 514 428-4400 ext. 4420
It is suggested that you notify your personal insurance company, if any, of any damages.
*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 |
|
State of the Roadway | 604. para 2
|
|
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 |
|
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 |
|
| 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". |
Backwater valve
In some cases, the City is not responsible for water damage in the absence of a functioning backwater valve.
Damage caused to an automobile
It is important to note that, in the case of damage to an automobile following an incident involving a City-owned vehicle, the Québec Automobile Insurance Act applies as well as Québec's Direct Compensation Agreement. In such circumstances, the recourse of the owner, for material damage caused by automobile accident, can be exercised only against the insurer with whom he has taken out motor liability insurance. The victim of the damage can not therefore apply directly to the City to claim the damages suffered.
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 $15,000 or under. If the amount is over $15,000, 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.
Please note that it is your responsibility to respect the limitation periods provided for by the Cities and Towns Act and the Civil Code of Québec. It should be noted that negotiations with the City do not have the effect of interrupting the limitation periods.
The reader must at all times refer to the text of the applicable law.