Claims and Civil Remedies
One of the responsibilities of the City Clerk’s Office is to manage claims, civil remedies, and proceedings instituted for or against the City. This section explains the procedure you must follow if you wish to exercise your right to claim damages from the municipality.
How to submit a claim
If you claim to have suffered bodily injury during an accident for which you intend to seek damages from the municipality, you must give or cause to be given notice in writing to the City Clerk of the municipality of your intention to take action, indicating the particulars of your claim, the date and place of the incident and your contact information, failing which, the municipality will be relieved from any liability for any damages caused by such accident.
For any claim for damage to property, moveable or immoveable, a similar notice must also be given to the municipality within 15 days of the incident, failing which, the municipality will not be liable for any damages. If you have insurance for your property, you can also file a claim with your insurance company.
If you have suffered property loss, you may proceed immediately in having urgent and necessary work carried out to repair or replace the property lost during the incident. However, make sure to keep photographs, invoices and other supporting documents for the eventual processing of your claim.
Failure to give notice
The failure to give such notice does not deprive you, as the victim of an accident, of your right to take action if you prove that you were prevented from giving such notice for any reason deemed sufficient by the judge or the court.
Where to send you claim
Claims must be addressed to the City Clerk's Office:
- By mail: 55 Argyle Avenue, Saint-Lambert, Quebec, J4P 2H3
- By fax: 450 672-3732
- By email using the form at the bottom of the page.
If you have any questions, please call the City Clerk's Office at 450 466-3425 or at email@example.com.
If you are not satisfied with the city's position
No such action shall be instituted before the court before the expiration of 15 days from the date of the service of the notice, when this is required. In addition, the limitation period must also be taken into account. Your claim for material damages must be instituted within six months after the day on which the accident happened or the day on which the right of action arises, failing which the claim will not be admissible. For an action against the municipality or any of its officers for material or moral damage caused by faults or illegalities, the limitation period is also six months. In the case of bodily injury, the limitation period is three years.
Recourse in warranty
The municipality shall have a recourse in warranty against any person whose fault or negligence caused the accident and the damage arising therefrom.
Accidents on sidewalks, streets and roads
No municipality may be held liable for damage resulting from an accident, of which any person is the victim, on the sidewalks, streets or roads, due to snow or ice, unless the claimant establishes that the accident was caused by the negligence or fault of the municipality, the court having to take into account the weather conditions.
Damage resulting from sewer back-ups
No right of action shall lie against the municipality for damage caused by sewer back-up to articles, merchandise or effects kept for any purpose in a cellar or basement, if the claimant has already received compensation from the municipality for similar damages caused at the same place and has not subsequently installed there, at least 30 cm from the floor and at a distance of at least 30 cm from the exterior walls, a support on which such articles, merchandise or effects must be kept.
Damage with respect to roads
The municipality is not liable for damage caused by the presence of an object on the roadway, whether or not the object comes from a motor vehicle or is projected by such a vehicle.The municipality is not liable for damage caused by the state of the roadway to the tires or to the suspension system of a motor vehicle. The municipality is not liable for damage caused, during road work, through the fault of a contractor to whom work has been entrusted by the City.
The text in this document is an adaptation of section 585 and subsequent sections of the Cities and Towns Act. The applicable legal text must therefore be referred to at all times.
Send us a claim
This form is made available by the City of Saint‐Lambert with the sole objective of assisting you with your application. This does not mean that the City of Saint‐Lambert assumes responsibility or will pay the damages claimed.