How to file a claim
According to the City of Toronto Act you are required to submit a claim letter or email to the City Clerk for property damage or injury. You are encouraged to submit your claim as soon as possible. If your claim relates to the condition of the City’s roads or sidewalks you are required to submit your claim letter within 10 days of the date of the incident.
The claim letter should include the following:
- Your name, home address, phone number and email address
- Date, time and location of accident which caused the property damage or injury
- Exact municipal address including a diagram and/or photo of accident location should be submitted with claim letter
- Describe how the accident happened and names, phone numbers of any witnesses
- Detailed description of your property damage or injury
- Include documentation that you believe support your claim such as: photos, receipts and estimates
- Outline why you believe the City is responsible for the accident
- Did you report this accident to the City, if so, please provide name(s) of City staff involved
- If a City Contractor was involved please provide contractor’s name
- Failure to provide exact municipal address will delay the processing of your claim
- Scanned documents are acceptable- there is limit of 10 MB for each email transmission
Where to submit your claim letter
E-mail submissions are preferred, but your claim letter can be received by e-mail, mail or fax:
|Mail:||City Clerk’s Office- Claims
100 Queen Street West
9th Floor, West Tower
Toronto, Ontario, M5H 2N2
Please only send your Claim once. All claims are acknowledged by both the City Clerk’s Office and the insurance adjusters. The City Clerk’s Office forwards all claims to the City of Toronto’s insurance adjusters, ClaimsPro, for evaluation.
If you submitted by email:
- Claimants who submit claim letters by e-mail will be acknowledged by e-mail by the City Clerk’s Office within two business days upon receipt of your e-mail (or by the end of the next business day)
- ClaimsPro will send an initial acknowledgement email within two business day upon receipt of your e-mail from the City Clerk’s Office
- A ClaimsPro Claims Adjuster will be assigned to investigate your claim and will also send you an acknowledgement e-mail within two business days of being assigned the claim
If you submitted by mail or fax:
- Claimants who submit claim letters by mail or fax will be sent an acknowledgement from the City Clerk’s Office within 2 business days upon receipt of your letter (or by the end of the next business day)
- ClaimsPro will send an acknowledgement letter within two business days upon receipt of your letter from the City Clerk’s Office
- A ClaimsPro Claims Adjuster will be assigned to investigate your claim and will also send you an acknowledgement letter within two business days of being assigned the claim
- Generally, you should receive an acknowledgment letter within 10 business days, however delays may occur due to mail and courier service
The ClaimsPro Adjuster is your contact person for the status of your claim.
Duplicate submissions are not required, but if you do not receive an acknowledgement letter, please contact ClaimsPro at 416-252-4431.
The City has an obligation to provide services that meet a reasonable standard of care. There will be an investigation by the City’s adjusters to determine if the City is responsible for your loss. The adjuster will gather information from you and the appropriate City division to assess whether the City would be found legally responsible for your claim.
If it is determined that the City failed to use reasonable care which resulted in your property damage or injury, the City’s adjuster will contact you in an effort to resolve the claim.
If the City’s services were delivered with a reasonable standard of care, the City would have a defence to the claim and your claim will be denied.
Typically, property damage claims are completed within 90 days. For claims involving bodily injury, these claims could take longer depending on the seriousness of the injury and whether medical information is required to support your loss.
If your claim is denied
The City’s adjuster will outline the results of their investigation in a letter and provide you with the division’s information that supports the City’s denial.
If you still wish to pursue your claim after being denied compensation, your next option is to proceed with legal action.
When claims involve contracted companies
The City of Toronto frequently enters into contracts with independent companies (contractors) who perform work on the City’s behalf. The City’s agreements with the contractors contain a strict requirement that they respond directly to claims for any damage or injury they caused to the public.
Upon receipt of information from the City division that a contractor had control over the accident location at the time of your loss, the City’s adjuster will forward your claim to the contractor for their investigation and liability determination. You will be advised in writing when your claim has been forwarded to the contractor. The contractor should acknowledge receipt of your claim and identify a contact person who will be investigating your claim. If you do not receive the contractor’s acknowledgement letter within 10 business days, please contact the City’s adjuster to assist you with determining the contractor’s contact person.
The contractor will conduct an investigation and make a liability decision regarding your claim. If the contractor determines they were responsible for your loss, they will resolve your claim with you directly.
If the contractor determines their work met reasonable and appropriate construction standards, they may deny your claim. In this case, their communication to you will provide the results of their investigation and clearly explain their decision. Should you disagree with the contractor’s decision, please contact the City’s adjuster to advise them of the contractor’s position.
The City adjuster can assist you with the following:
- clarify the claims process
- clarify the facts the led the City to its position on liability
- advise whether this position has changed given any of the contractor’s findings
If the contractor maintains that they are not liable, the City determines that it has not been negligent, and you still wish to pursue your claim, the adjuster will provide you with the basis upon which the City has denied liability.
If you still wish to pursue you claim, you have the option of pursuing the contractor and/or the City by proceeding legal action.
Typically, property damage claims involving a contracted company are resolved within 90 days.