Did you think that the process for suing a municipality (a designation including municipalities, cities, towns, etc., for the purposes of this article) was in every way similar to that for an individual, a business, or even the Government of Quebec? Think again; municipalities enjoy significant advantages over them.
The Notice
Firstly, it is important to know that to initiate a lawsuit against a municipality governed by the Cities and Towns Act[1] (for example, Montreal, Laval, Quebec City, Trois-Rivières, Gatineau, etc.), a notice of action must first be sent to it within fifteen (15) days following the incident, in the event that the claim is related to damages caused to movable or immovable property[2].
Regarding a lawsuit against a local municipality governed by the Municipal Code[3] (for example, Oka, Saint-Donat, Val-David, etc.), the notice must be sent within sixty (60) days of the cause of action for any material or moral prejudice[4]. Although the deadline is longer for municipalities governed by the Municipal Code[5], the cases requiring a notice are therefore more numerous, as it is not only claims related to damages caused to movable or immovable property that are covered.
In all cases, even if section 585(1) of the Cities and Towns Act[6] mentions that a fifteen (15) day notice must also be sent to a municipality for a claim related to bodily injury, the Supreme Court of Canada determined in the Doré v. Verdun case[7] that in such a situation, there is no need to provide notice, in accordance with section 2930 of the Civil Code of Quebec[8]. This principle also applies to municipalities governed by the Municipal Code[9].
The Action
Once the notice has been sent, when required, another deadline must be met to prevent the claimant’s application from being rejected by the courts. For both municipalities governed by the Cities and Towns Act and those governed by the Municipal Code, legal action (judicial proceedings) must be initiated within six (6) months[10].
However, the Municipal Code will cover a broader scope here than the Cities and Towns Act. Indeed, for municipalities covered by the former act, the deadline will apply to any lawsuit seeking material and moral damages[11], whereas for municipalities covered by the latter act, the deadline will only apply to actions related to obtaining compensation for damages caused to movable or immovable property, or those related to material or moral damages “resulting from faults or illegalities” on the part of the municipality or one of its employees or officials[12].
Also in the Doré v. Verdun case[13], the Supreme Court mentioned that the six (6) month deadline was not applicable to lawsuits arising from bodily injury. Indeed, the combination of sections 2925 and 2930 of the Civil Code of Quebec means that in such a case, the deadline for initiating the action will instead be three (3) years[14].
It should be noted that this exceptional regime enjoyed by municipalities is not unanimously accepted, even in courts of law. It is with this in mind that the Honourable Pierre-C. Gagnon, a judge of the Superior Court of Quebec, expressed himself as follows in the Maher v. Ville de Hudson case when it came time to reject a taxpayer’s application solely due to non-compliance with deadlines:
« [152] It sometimes happens that a judge must apply the law in such a way that a party loses their case even though, from the perspective of equity and elementary justice, they would have deserved to win. »[15]
Summary Table of Rules Discussed in This Article
| Notice | Action | |
| Municipality governed by the Cities and Towns Act | -Fifteen (15) days; -Damages caused to movable or immovable property; -No notice required if claim relates to bodily injury. | -Six (6) months; -Damages caused to movable or immovable property; -Material or moral damages “resulting from faults or illegalities” on the part of the municipality or one of its employees or officials; -Three (3) years if claim relates to bodily injury. |
| Municipality governed by the Municipal Code | -Sixty (60) days; -Damages related to moral or material prejudice; -No notice required if claim relates to bodily injury. | -Six (6) months; -Damages related to moral or material prejudice; -Three (3) years if claim relates to bodily injury. |
References
[1] Cities and Towns Act, R.S.Q., c. C-19 (hereinafter “C.T.A.”).
[2] Id., s. 585 (2).
[3] Municipal Code of Quebec, R.S.Q., c. C-27.1 (hereinafter “M.C.”)
[4] Id., s. 1112.1.
[5] Supra, note 3.
[6] S. 585(1) C.T.A.
[7] Doré v. Verdun, [1997] 2 S.C.R. 862.
[8] Civil Code of Quebec, R.S.Q., c. CCQ-1990 (hereinafter “C.C.Q.”), s. 1971.
[9] Supra, note 3.
[10] Ss. 585(5) and 586 C.T.A.; S. 1112.1 M.C.
[11] S. 1112.1 M.C.
[12] Ss. 585(5) and 586 C.T.A.
[13] Doré v. Verdun, supra, note 7.
[14] Ss. 2925 and 2930 C.C.Q.
[15] Maher v. Ville de Hudson, 2019 QCCS 2627, para. 152.
