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Different citizens complained to the OdM of having lost their rights to sue the City for damages because the 311 or Accès Montréal employees they had spoken to, had not informed them that they had to send a written Notice of claim to the City, within 15 days following the date of the incident. We intervened to rectify the situation.
By virtue of the Cities and Towns Act and as confirmed by caselaw, anyone who suffers material damages caused by the City must send a written Notice of claim, within the next 15 following days, failing which they lose their right to file legal suit to demand compensation.
In the absence of such a notice, the Bureau des réclamations systematically rejects the claims.
It is therefore important for citizens to be informed of this requirement.
With the collaboration of the Bureau des réclamations, we inquired with the Boroughs. Thereafter, the Boroughs reminded their employees of the importance of broadcasting this information quickly and correctly to citizens alleging that the City may have caused them damages.
The employees can also remit the pamphlet Claims against Ville de Montréal which was prepared by the Bureau des réclamations.
This information can also be found on Ville de Montréal’s website at ville.montreal.qc.ca/reclamations.