If you believe that the City has been negligent in its maintenance of City facilities, roads, trees and sewers, which has caused bodily injury or damage to your property, you can file a third-party liability claim against the City of Toronto.
Any damage to your property can be upsetting and disruptive. However, it’s important to know that the City of Toronto is not your insurer. Making a third-party liability claim against the City does not guarantee payment, as a claimant must be able to establish that their damages were caused by the City’s negligence.
If you have auto or property insurance, we suggest you consult your insurance company or broker first, for advice on how to deal with your loss. Your insurance coverage may be more extensive than what you can recover from the City.
If your insurer believes the City is responsible for your damages they may seek compensation against the City on your behalf.
The City has an obligation to maintain its infrastructure. In doing so, it must exercise a reasonable standard of care. The City may be found negligent if it fails to meet the appropriate standard of care, and that failure results in damage or injury to the public.
If you choose to submit a claim against the City, it is important to outline why you believe the City is responsible for your accident and provide proof of your damages. Making a third-party liability claim against the City does not guarantee payment, as a claimant, you must be able to establish your damages were caused by the City’s negligence. The City will conduct an investigation to determine if it met its maintenance obligations. If you are not able to establish that your damages were caused by the City’s negligence, then the City will not pay your claim.
If the City did not exercise a reasonable standard of care, the City may be found to be negligent. In that circumstance, the City will attempt to resolve your claim. Any compensation paid to you will be based on proof of damage that has arisen as a result of the City’s negligence.
If the City did exercise a reasonable standard of care, your claim will be denied.