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ARTICLE · 26 JULY 2018

New Brunswick Update: Notice Now Required To Sue A Municipality

On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act.

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On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act. A section of this new Act requires that people who were injured in a place maintained or owned by municipalities, for instance the sidewalk, must now give notice to municipalities if they wish to bring an action against them for damages for personal injury.

This notice must be given within 90 days after the occurrence of the event. If plaintiffs fail to notify the municipality, they will not be able to claim damages for personal injury. There are some exceptions to this limitation period. However it is still not clear if New Brunswick Courts will be lenient with this delay. Therefore, it will be crucial to respect the 90 days limitation.

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