Has the municipality caused you damage? Whether it is for material damage, bodily injury or other, you have the right to claim compensation and take recourse against the municipality.

But be careful, special rules apply to obtain compensation. Indeed, it is important to present your claim before the end of the prescription period which differs according to the type of damage.

Material damage

Material damage includes damage caused by a sewer backup, the breaking of a fence by a snowplow, flooding caused by a water main break, the negligence of an official who issued a permit that was later cancelled, etc.

For this type of damage, the Loi sur les cités et villes and the Code municipal provide a specific regime. A notice of claim must be served to the municipality within 15 days of the event, failing which the claim will be deemed inadmissible. Furthermore, if the municipality refuses to compensate you following this notice, it is necessary to take recourse before the expiration of a 6-month period following the occurrence of the damage. If this period is not respected, the recourse will be rejected for prescription.

Bodily injury

If your injury is related to a fall on a sidewalk or your child is injured on the playground, this is a claim for bodily injury. Therefore, the short 6-month period does not apply and you have 3 years to take recourse.

Municipalities have many other special time limits, privileges and exemptions from liability in certain circumstances. You should therefore promptly consult a lawyer specialized in municipal law if a dispute involves the liability of a municipality.