Legal Affairs

Claims

Notice in writing to the Town Clerk

If you claim to have suffered bodily injury or damages to your movable or immovable property as a result of an incident related to the Town's activities and wish to claim compensation from the Town, you must give or cause to be given notice in writing to the Town Clerk within fifteen (15) days of the incident, failing which your claim may be denied. This obligation is provided for in section 585 of the Cities and Towns Act, CQLR c. C 19 (the "CTA").

*Please note that a notice given orally or the writing of an event report by a municipal patroller does not constitute an adequate notice of claim as per the CTA.

The notice must include the following information:

  • the surname and given name of the claimant;
  • the address of the claimant;
  • the phone number and e-mail address of the claimant;
  • the date and location where the damage occurred;
  • the alleged cause of the damage;
  • the details of the claim;
  • photos, if available;
  • any document supporting the amount claimed (e.g., invoices, written estimate, etc.).

You can submit your notice of claim using this form, which can be sent to greffe@ville.kirkland.qc.ca or to the following address:

Me Annie Riendeau,
Town Clerk and Director of Legal Affairs
Town of Kirkland
17 200 Hymus Boulevard
Kirkland, Québec H9J 3Y8

We also suggest that you notify your personal insurance company of any damage.

Steps to take

Before moving or repairing anything, be sure to take several photos to establish the circumstances surrounding the incident and the extent of your damage.

In addition, in order to prevent further damage, it is your responsibility to carry out the necessary work or repairs.

Cases in which the Town may not be held liable

In accordance with the CTA, the Town may deny liability for certain damages caused, notably:

  • when the 15-day period for submitting a notice of claim has expired (585 ss. 1 and 2 CTA);
  • following an accident on a sidewalk, street, road, walkway or bikeway, by reason of the snow or ice, unless it is possible to establish the Town's negligence or fault (585 ss. 7 CTA);
  • by the presence of an object on the roadway or on a walkway or bikeway (604.1 para. 1 CTA);
  • by the state of the roadway or bikeway to the tires or suspension system of a vehicle (604.1 para. 2 CTA);
  • through the fault of a builder or contractor to whom building, rebuilding or maintenance work has been entrusted, for the entire duration of such work** (604.3 CTA);
  • etc.

**In this case, your claim will be transferred to that builder or contractor in order for them to process it.

If you are not satisfied with the Town's decision

The prescription to file a proceeding for damages against the Town is:

  • six (6) months after the day on which the incident happened or the right to take action accrued for property damage; and
  • three (3) years from the day the right to take action accrued for bodily injury.

Please note that a formal notice and negotiations with the Town do not have the effect of interrupting the limitation period.

Disclaimer
The information provided above is for informational purposes only and has no legal value. We invite you to consult the provisions of the CTA or a lawyer.

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