Notice requirement for action for damages for personal injury
181(1)To bring an action against a local government for damages for personal injury resulting from the local government’s failure to reasonably maintain sidewalks or places owned or maintained by the local government, a person is required to notify the clerk of the local government in writing of the event that gives rise to the action within 90 days after the occurrence of the event.
181(2)Failure to notify the local government within the time required by subsection (1) bars the action unless
(a)
the claimant has a reasonable excuse for the lack of notice and the local government is not prejudiced by the lack of notice,
(b)
the claim relates to the death of a person as the result of the event complained of,
(c)
the claimant lacks the physical or mental capacity to give the notice, or
(d)
the local government waives the notice requirement.
181(3)Despite subsection (1), the 90-day period referred to in subsection (1) begins when a claimant referred to in paragraph (2)(c) is capable of giving the notice.
Notice requirement for action for damages for personal injury
181(1)To bring an action against a local government for damages for personal injury resulting from the local government’s failure to reasonably maintain sidewalks or places owned or maintained by the local government, a person is required to notify the clerk of the local government in writing of the event that gives rise to the action within 90 days after the occurrence of the event.
181(2)Failure to notify the local government within the time required by subsection (1) bars the action unless
(a)
the claimant has a reasonable excuse for the lack of notice and the local government is not prejudiced by the lack of notice,
(b)
the claim relates to the death of a person as the result of the event complained of,
(c)
the claimant lacks the physical or mental capacity to give the notice, or
(d)
the local government waives the notice requirement.
181(3)Despite subsection (1), the 90-day period referred to in subsection (1) begins when a claimant referred to in paragraph (2)(c) is capable of giving the notice.