General principles
The Cities and Towns Act states that any person who intends to claim damages from the municipality should give notice in writing to the City Clerk at the following address within 15 days of the event.
By postal mailing
-
City of Dollard-des-Ormeaux
Legal Affairs and City Clerk’s Office
12,001, De Salaberry Boulevard
Dollard-des-Ormeaux (Québec) H9B 2A7
By E-mail
For more information
Claim forms must indicate the name and address of the claimant as well as the nature of the claim.
The claim form is available online or at the front desk of the City Hall You can also send a letter by registered mail.
The City also suggests that claimants send a copy of their claim to their insurer, if they are covered.
A claim that has not been sent in writing to the City Clerk in the prescribed delay by the law will not be taken into consideration by the City.
Limits of liability
Section 604.1 of the Cities and Towns Act states that a municipality is not liable for damages to the tires or suspension system of a motor vehicle as a result of an object on the roadway the state of the roadway.
A municipality may not be held liable because of accidents, snow, and ice or weather condition unless the negligence or fault of the municipality is clearly established.
The same applies for damages resulting from fault or negligence that is not the City’s or when the link between the fault and the damages cannot be established.
In the case of a collision with a City vehicle, the direct compensation agreement will apply and each party must make a claim with his insurer.
City representatives are not authorized to admit any liability of the part of City nor invest public funds. The City is not bound by any declaration or admission on their part.
Claim processing
After sending a claim, the claimant will receive an acknowledgement.
In the case of material loss, a City representative or insurer will examine the damage in person. The claimant shall not modify the condition of the premises or damaged goods, until after the visit of the representative, unless it is necessary for safety measures. The claimant must send any invoice or damage estimate to the City as soon as possible.
After receiving the claim, the City or its representative will inform the claimant of a decision.
Other recourse
Any claimant who is not satisfied with the decision taken by the municipality following a claim may undertake legal proceedings against the City within the six months following the day of the event or the day the right of action accrued. If the claimant has suffered bodily injury, the six months delay is extended to three years.
Useful references
Section 585 and all of the Cities and Towns Act.
This information sheet contains information of no legal value; the official regulation of the Law prevails.