Slipped on a City Sidewalk? The Two-Month Notice Rule for BC Municipalities

A fall on an icy or broken city sidewalk can mean weeks off work and a long recovery. The last thing on your mind is a legal deadline. But if a municipality may be responsible, BC law requires you to act within two months.

The rule is short and easy to miss. This guide explains what it says, how to give a notice that does its job, how Vancouver differs, and what the notice does not do for you.

The two-month rule in plain terms

Section 736 of the Local Government Act says a municipality or regional district is "in no case liable for damages" unless written notice is delivered to it within two months from the date on which the damage was sustained. The notice must set out the time, place and manner in which the damage was sustained.

For a fall, the damage is usually sustained on the day you fall, so the two months generally start that day. Two months is shorter than many people expect, especially if you spend the first weeks recovering.

Vancouver has its own version

The City of Vancouver is governed by the Vancouver Charter rather than the Local Government Act. Section 294(2) of the Charter sets the same two-month period and the same content (time, place and manner), but says the notice must be left and filed with the City Clerk. Sending a complaint to a general city inbox or a service line is not the same thing.

First, work out who controls the sidewalk

Notice only helps if it goes to the right body. A fall on what looks like a public sidewalk may involve:

• The municipality. Most urban sidewalks and streets are maintained by the city or district.
• A regional district. In some areas outside municipal boundaries, a regional district may be responsible for certain facilities.
• The Province. Some roads and their shoulders are provincial highways, maintained under provincial arrangements.
• A private owner. A fall on a plaza, parking lot or walkway that belongs to a business or strata is usually a claim against that owner or occupier, not the city.

If there is any doubt, give notice to every public body that could be responsible, and treat any private owner as a possible defendant too. Our article on slip and fall injuries in BC explains how claims against private property owners work.

Why sidewalk claims are different

Claims against private property owners usually run under the Occupiers Liability Act. But section 8 of that Act says it does not apply to a municipality, the Province or the federal Crown when it is the occupier of a public highway or public road. A claim about a city street or sidewalk is therefore generally framed in ordinary negligence instead.

That affects what has to be proven. In Nelson (City) v. Marchi, 2021 SCC 41, the Supreme Court of Canada considered a negligence claim arising from snowbanks a city left along a street after clearing snow. The Court held that the relevant city decision was not a "core policy" decision immune from negligence liability, and that the city owed a duty of care. Whether a city actually fell below the standard of care is a separate question that depends on the facts, which can include the practices of neighbouring municipalities.

What to put in the notice

There is no official form. A clear, factual letter is usually enough. Include:

• Time. The date and approximate time of the fall.
• Place. The exact location: the street address or nearest intersection, which side of the street, and a description of the spot. Attach photos or a marked map if you can.
• Manner. What happened and why: for example, ice that had not been sanded, a raised or broken slab, a hole, or debris. Briefly describe your injuries.
• Your details. Your name and contact information, or your lawyer's.

Keep it accurate and avoid guessing. Do not exaggerate, and do not leave out facts that seem unhelpful; the notice may be compared with your later evidence.

Deliver it in a way you can prove, such as by hand with a stamped copy, or by a method that gives you a receipt, and keep a copy of exactly what was sent. For Vancouver, make sure it is left and filed with the City Clerk.

If you missed the two months

Both statutes have limited exceptions. Missing or inadequate notice does not bar the claim:

• If the injured person has died, or
• If the court decides there was a reasonable excuse for the missing or insufficient notice and the municipality was not prejudiced in its defence.

Courts apply these exceptions case by case, and a city may argue that late notice cost it the chance to inspect the scene before conditions changed. If you are past two months, get advice promptly rather than assuming the claim is over, but do not plan around the exceptions if you are still within time.

The notice is only the first deadline

Giving notice does not start a lawsuit, and it does not pause the limitation period. Under sections 6 and 8 of the Limitation Act, most injury claims must be started in court within two years after the claim is discovered. Our guide to the two-year limitation period explains when that clock starts.

In the meantime, preserve your evidence:

• Photograph the spot as soon as possible, ideally with something showing scale, before ice melts or a slab is repaired.
• Record the weather and how long the hazard had been there, if you know.
• Collect witness names and any reports you or others made to the city about the location.
• Get medical care and keep records of your treatment, time off work and expenses.

With winter coming, the two-month window is easy to lose while you recover. Putting the notice in early costs little and keeps your options open.

Hurt on a city sidewalk? Get the notice right before the two months run out

Our litigation lawyers can identify who is responsible for the sidewalk, prepare and deliver the written notice, gather the evidence early, and advise you on the claim and the deadlines that follow.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.