04/01/2010

AMO presented its paper on joint and several liability reform to the AG highlighting how municipalities have become the targets of litigation when other defendants fail to have the means to pay high damage awards.
The paper highlights how municipalities have become the targets of litigation when other defendants fail to have the means to pay high damage awards. The price communities are paying is steep - municipal insurance premiums and liability claims continue to increase dramatically. This is despite enormous improvements to safety including new standards for roads, playgrounds, pool safety, better risk management practices, and the scaling back of some services. Municipalities should not be insurers of last resort. Many other common law jurisdictions have better approaches and others are pursuing liability reform. It is time for Ontario to do the same.

Letters of support and resolutions have been received from municipal councils in every corner of the province since the draft paper was released late last year. Councils wishing to add their voice to this issue should send a copy of their resolution to Matthew Wilson, Senior Policy Advisor at mwilson@amo.on.ca or by mail to the Association’s office. All municipal resolutions received will be sent to the Province.

For Council’s wishing to support this initiative, below is a draft resolution for consideration:

That Council supports the Association of Municipalities of Ontario in its efforts to seek joint and several liability reform in Ontario and calls on the Provincial Government to pursue much needed changes to the Negligence Act.

Resolutions can be forwarded to:

Matthew Wilson
Senior Policy Advisor
Association of Municipalities of Ontario
200 University Avenue, Suite 801
Toronto, Ontario
M5H 3C6

Tel.: 416-971-9856 ext. 323
Toll free: 1-877-426-6527
Fax: 416-971-6191