Robin. V. City of Toronto

By: Judah Page, Ethan Fraiser

The Case• Robin Sief is suing the City of Toronto for

an injury, after she tripped on a lip on the side walk, and sustained serious injuries. Her case was thrown out of court last week because she failed to within 10 days inform the city that she wished to sue, and her description of the location of her fall was too "General".

• http://www.thestar.com/news/crime/2014/05/20/womans_delay_in_suing_the_city_after_a_fall_costs_her_9000_in_legal_fees.html

The Facts

• 10 day max to inform the city of intent to sue.

• Specific location of fall required.• Most people are laid up in the hospital for

at least 4 days. • Most people are unaware of this

stipulation.• Judge even suggested that it be

reconsidered.

Right in Question

• We believe that Robin Seif's right security of person has been denied. We believe this because not only did they deny the lawsuit, but the city claims there is no lip on that side walk. She is not being recompensated for injuries because of others mistakes.

•

City of Toronto Limitations Act

• Notice of possible claim• 14. (1) A person against whom another person may have a claim

may serve a notice of possible claim on the other person. 2002, c. 24, Sched. B, s. 14 (1).

• Contents• (2) A notice of possible claim shall be in writing and signed by the

person issuing it or that person’s lawyer, and shall,• (a) describe the injury, loss or damage that the issuing person

suspects may have occurred;• (b) identify the act or omission giving rise to the injury, loss or

damage;• (c) indicate the extent to which the issuing person suspects that the

injury, loss or damage may have been caused by the issuing person;• (d) state that any claim that the other person has could be

extinguished because of the expiry of a limitation period; and• (e) state the issuing person’s name and address for service. 2002, c.

24, Sched. B, s. 14 (2).

City of Toronto Limitations Act Cont.

• Basic limitation period• 4. Unless this Act provides otherwise, a

proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. 2002, c. 24, Sched. B, s. 4.

So what do you think?

• Do you think that the 10 day notice is okay?

• If so, why?• If not, what could you do to change it?