Filing a Claim With the City
If you believe that the City has been negligent in the maintenance of its infrastructure which has caused bodily injury or property damages, then you may file a claim with the City. All claims submitted to the City receive full assessment and are considered on the basis of the presence of legal liability or a legislative or regulatory requirement. Please note that the City only makes payment for the damage or injury it has caused when the City concludes it is legally responsible for causing the damage or injury. The Municipal Enforcement Department handles all claims made to the City. Before submitting a formal claim, it is important to keep in mind the following:
• Making a claim against the City is not the same as making a claim with your insurance. Making a claim through your insurance company means that you are taking advantage of your existing insurance coverage for your personal assets, via your insurance policy, whereas a claim against the City requires an investigation to determine whether or not the City is legally liable.
• If you have insurance that may apply, you should first contact your insurance company in the event of a loss. Your existing insurance coverage may in fact be more extensive than any recovery that could be made from the City. If your insurer believes that the City is responsible, they may seek to recover damages against the City on your behalf.
• All claims should be submitted to the City of Iqaluit as soon as damages are discovered. If it is not submitted immediately, this may negatively impact the City’s ability to investigate the claim and result in a denial. In addition, if the City is not notified within 30 days, you may be prevented from successfully advancing a claim as a result of legislation requiring notification to the City within 30 days for certain types of claims. In other words, the City may no longer be legally responsible if it was not properly notified.
• Once the City receives a claim, it will take time to investigate to determine if the City is legally responsible for the damages or injuries.
• Please note that the City of Iqaluit has protections under the Government of Nunavut legislation for some types of claims relating to its infrastructure. Therefore the City of Iqaluit may not be legally responsible for damages or injuries because of the legislative protection and, as a result, may not pay for the damage or injury. Only designated employees of the City have the authority to determine whether the City of Iqaluit must pay for a claim. The outcome will be determined as a result of the investigation and decision of the designated City official. All other City employees do not have authority to determine the outcome.
• The investigation of your claim must be completed before the City will be in a position to decide whether payment for damages or injuries is appropriate. It is your decision to proceed with repairing damaged property prior to the outcome of your claim with the City. Hiring a contractor to repair damaged property may be a wise decision but that arrangement is between you and the contractor. If the City concludes it is legally responsible for the damage after the investigation, it will assess whether costs of repairs incurred were reasonable.
• The City does not take responsibility for damages that could have been avoided by the owner of an asset taking reasonable steps to protect their assets from damage and/or further damage.
• The City is committed to resolutions that are fair, reasonable, and in keeping with the City's legal obligations.
How to File a Claim
Complete the City of Iqaluit General Claim Form and submit to the Municipal Enforcement Department, building #2425 or email to: firstname.lastname@example.org Please ensure that the application form is complete before submitting your claim. Incomplete submissions will result in delays. Once a file is submitted it is assigned a file number and the City will investigate the claim. The outcome of the investigation will be officially reported back to the claimant in a letter. Possible outcomes include:
• The denial of the claim if the City is not legally liable; or,
• The settlement of the claim in whole or part;
• If a third party is responsible (i.e. private contractors), the referral of the claim to that party. While some claimants may feel that the City has an obligation to pay for damages, the City may reach a different conclusion after completing its investigation. As the City is obligated to manage public funds, it will only pay damages where it is legally liable. In cases where claimants do not agree with the assessment of the extent of the City’s legal responsibility for their losses, they are free to commence formal proceedings before the courts in an effort to obtain compensation.