Claim Application

From time to time citizens believe it appropriate to make a damage claim against the Township. These cases arise when citizens believe that they were injured, or that their property was damaged, by an act or omission of the Township.

To make a claim against the Township, citizens should send or deliver a written statement to the attention of the Clerk of the Township of Wainfleet as soon as possible after occurrence of the event purporting to give rise to the claim. The law establishes certain notification timeframes for citizens for certain types of claims – it is important that the Township is notified as soon as possible, in writing, of potential claims (citizens should contact their own insurance companies and/or solicitors to satisfy themselves as to their legal standing). The statement must include the following information:

• your name;
• your address;
• phone number(s) where you can be reached;
• your email address and fax number, if available;
• a detailed description of what happened outlining the specific damage, the name(s) of registered owner(s) of the vehicles/properties involved including the date, time and exact location of incident, witnesses' names and addresses, details of any construction in the vicinity of the loss and any other information that may assist in the review of your claim;
• a detailed description of the damages or losses you are claiming together with copies of all repair invoices, estimates, receipts (when available) or other supporting documentation;
• you must date and sign the claim.

A generic claim form is available to assist with your claim.

Upon receipt, claims are generally referred to an independent adjustor/investigator retained by the Township. The adjustor will undertake an independent investigation and a claim may be refused if:

1. the incident giving rise to the claim was caused by circumstances unrelated to the operations of the Township;
2. there is no demonstrated liability on the part of the Township;
3. there exists a defense under law that prevents liability; or
4. there is a failure to file the claim in the time prescribed by law.

The Township retains a small number of claims to handle itself; and the same principles that apply to the Insurance Adjustor apply to the Township.

Please note that a complete review of a standard claim usually takes six to eight weeks and there is no guarantee that a claim will be allowed. When considering submitting a claim, you might also consider whether you have insurance coverage that might respond to the claim as that may be the most suitable way to recover your costs.

The Township is not obliged to compensate for any losses or damages for which it is not legally liable. Also, the Township expects that the claimant will provide complete substantiation for each claim. This approach attempts to reduce the number of unsubstantiated and frivolous claims which, in turn, reduces costs for the taxpaying public - who ultimately bear the cost of these claims.

This information is intended to provide claimants with an overview of the claims submission process and should not be considered as legal advice. Claimants requiring legal advice should consult their own advisors.