Notice of Claim
An individual who suffers material damage, due to the misconduct of the City of Châteauguay, can file a notice of claim in order to be compensated.
The notice can be mailed, sent by fax or by e-mail.It must be addressed to the Town Clerk and Litigation Division of the City of Châteauguay:
Address: Town Clerk and Litigation Division
5 D'Youville Boulevard
Châteauguay QC J6J 2P8
The notice must mention:
- the first and family names of the claimant,
- the claimant's address,
- the cause of the damage,
- the date and location where the damage took place,
- the details of the claim.
The concept of "material damage" refers to damage to both moveable property (example, an automobile) as well as damages to immovable property (example, a house). There must be the direct link between the alleged misconduct of the municipality and the damage for which the municipality is being held accountable.
The City must receive written notice within the 15 days following the date of the event.
You have a delay of 6 months from the day when your right to sue begins to initiate legal action for damages-interest.
The Law on Cities and Towns, Art. 604.1 paragraph 1:The municipality is not responsible for damages caused by the presence of an object on the roadway, whether or not the object originated from a motor vehicle or is projected from the latter;
It is also not responsible for damages caused by the state of the roadway to tires or suspension systems of an automotive vehicle.
A person who suffers a physical injury following a fall on a sidewalk or a roadway that is poorly maintained by the City of Châteauguay, as well as an individual who suffered any other type of physical injury through the misconduct of the City of Châteauguay, can complete a notice of claim in order to request compensation from the City. There must be a direct link between the alleged misconduct and the damage for which the municipality is being held accountable.
Even though it is not required, it is suggested that an advance notice be transmitted.
You have a delay of 3 years starting from the date of the event to initiate legal action.
Alternative: Petition for damages-interest
If the office of the Town Clerk and Litigation Division of the municipality refuses the request, it is still possible for the claimant to present a petition for damages against the City of Châteauguay;
The petition can be filed before Small Claims Court if the amount claimed is less than $7,000. If the amount is above $7,000, the claimant can hand over their file to the attorney of his or her choice, at their own cost