Giving Notice and Limitation Periods in Tort Cases

Now, the civil lawsuit as it’s governed by the legislation of the province of Ontario has a lot of stringent procedural regulations which have to be followed thoroughly. In ability to do so is going to render the ruling subjected to appealing which gives the other party the right to repel against it. In any case the presence of attorneys to represent both parties is highly recommended as this is going to insure that their rights are properly sought after and protected. Legal representation is an important part of the civil lawsuit although it’s not mandatory on the first instance.

Why give notice?

Giving notice is one of the actions which have to be taken. This means that the victim of the accident has to let the responsible party for the injury and that he is going to be holding him responsible for it. Giving notice is far from starting a lawsuit as it doesn’t cause any chain of procedural events as a consequence. In certain cases you are legally obligated to give notice to the opposing party in order to provide him with the chance to read up on your claims and to investigate them immediately as part of his defense. Notice periods are generally rather short and as per the Municipal Act of 2001 you have to give notice of 10 days before filing a claim in court. If you want to sue the Provincial Crown you are also going to be obligated to file a notice of 10 days.

Writing to the Provincial Crown

However, there are certain things that you might want to consider, and that’s why it’s highly advisable that you hire your personal injury lawyer in Toronto from these early legal stages in order to ensure that everything is carried out by dully following the letter of the law. For instance, you are obligated to file the notice in writing in case it is directed to the Provincial Crown. It has to be given to the clerk of the municipality of Ontario. The information that you are going to be laying out in the notice has to abide by certain legal requirements and this is something that your attorney is going to be able to help you with. Preparing your notice is of great importance and if a legal officer takes care of it you could rest assured that everything is conducted properly.

Furthermore, there are certain periods that have to be waited out before you file your claims in court. In the example of the Provincial Crown, you are legally required to wait for at least 60 days after the notice has been presented in order to be allowed to start the lawsuit. The solution is rather fair because time for consideration is necessary. In the meantime, our lawyer will work on all aspects of the case right from gathering evidence to ensuring that the case has been drafted properly.