As a property owner, Toronto Community Housing is responsible for making sure its properties are well-maintained and safe, within reasonable standards. This legal responsibility is referred to as a “duty of care” under the
Occupier’s Liability Act.
However, accidents happen. Typically, these are situations where:
- your personal belongings are damaged, or
- you’ve been injured on Toronto Community Housing property.
Toronto
Community Housing is not automatically responsible for your damages. Tenants
are responsible for purchasing its own insurance coverage. In the event of a
claim, contact your insurer first because your policy will offer you more
coverage.If you feel that Toronto Community Housing did not meet its legal responsibility, follow our three-stage process to file your claim:
Stage 1: Put it in writing as soon as possible
Instructions to write and submit your claim/letter:
This can be a letter written by you, a third party, or legal representative. Send your claim to:
Toronto Community Housing
931 Yonge Street, 6th Floor
Toronto, Ontario M4W 2H2
ATTN: Risk Management Unit
OR
Complete the online claim form.
Note: Toronto Community Housing is not automatically liable for damage to your property or because a person fell or was injured on our property.
Special instructions for writing your claim letter if:
Your personal belongings are damagedIf you have contents insurance, contact your insurance provider.
If you feel that Toronto Community Housing may be responsible for causing damage to your property, tell us why by putting your claim in writing so we can start an investigation. When writing your claim, make sure your letter includes:
- Name, mailing address and phone number of the person making the claim
- Date, time and location of the incident
- Brief details about what happened
- A description of the damage or loss
- Supporting documentation such as invoices that identify when and where items were purchased or repaired
You’ve been injured on Toronto Community Housing propertyIf you are involved in an incident and feel that Toronto Community Housing is responsible, tell us immediately by calling our Client Care Centre at 416-981-5500 or speaking with your Superintendent or an Operating Unit staff member. When writing your claim, make sure your letter includes:
- Your date of birth
- Occupation, wage loss (if any) and return to work date
- Confirmation of date and time of loss and loss location
- Exact location of loss (photograph if available)
- Detailed circumstance of the loss
- Confirmation of any witnesses
- Confirmation as to when the loss was reported and to whom
- Nature and severity of the injuries
- Hospital attended after loss and all medical reports related to the incident
- Family doctor’s name and address
- Your health status prior to the loss and a list of health condition
Once you have written your claim and submitted your letter to Toronto Community Housing, a claims adjuster will be assigned to investigate your case.
Within 14 business days of receiving your letter, a staff member from the Risk Management Unit will acknowledge your claim by phone or in writing. If in writing, it will be a letter or email that includes details about the claims adjuster who is doing the investigation.
Investigations take time. The investigation includes a site visit and gathering information from the person making the claim and from staff, to assess whether Toronto Community Housing is responsible for your damage.
Typically, claims can be resolved
in 90 business days from the day we acknowledge your claim. Investigating and responding to complex claims may take more time.
After the investigation is completed, we will notify you of our decision in writing. A letter outlining the results of the investigation will be sent to the mailing address you provided when you submitted your claim. The written claim decision will outline whether your claim has been accepted and settlement terms or whether your claim has been denied and the reasons why.
NOTE: All claims are evaluated on the basis of legal liability (responsibility) regardless of whether a legal action is commenced. After completing the investigation, if it is determined that Toronto Community Housing is not responsible, your claim will be denied and any legal action will be defended. We do not pay “nuisance settlements” to avoid going to court.
At any time during the claims process,
you can seek independent legal advice to help you with your claim. If you use the services of a lawyer, all communication with Toronto Community Housing about this matter must happen through your lawyer. Contact Legal Aid Ontario for information about free or low-cost legal services (visit
www.legalaid.on.ca).
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Stage 2: Tell us if you would like to discuss the decision or the claim process
If you have a question
about the decision letter you received in stage 1, please contact us as soon as
can. You can call 416.981.5500 and ask to be directed to the
Claims Program Supervisor in the Risk Management unit or use the contact
information provided in the letter.
Toronto Community Housing takes the time to make sure all investigations are
done thoroughly and fairly. A claim is paid only when it has been determined
that Toronto Community Housing is legally liable (responsible).
NOTE: All Claims decisions are final regardless of whether they
have been accepted or denied. Your claim will only be reviewed again by the Program
Supervisor if you provide new information or evidence that was not considered
during the investigation. A staff member from the Risk Management Unit will
acknowledge receipt of new information or evidence and inform you of the next
steps by phone or in writing.If you do not agree with the decision and you still want to pursue your claim, your next option is to proceed with legal action.
Legal Aid Ontario provides legal assistance for low-income people. If Legal Aid Ontario cannot help, they will refer you to somewhere that can.
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Stage 3: What happens after a decision is made
- Claim decisions are final. If your claim has been accepted and you agree with settlement terms, sign the release form and forward back to us for finalization.
- If you do not agree with the decision and you still want to pursue your claim, your next option is to proceed with legal action. Legal Aid Ontario provides legal assistance for low-income people. If Legal Aid Ontario cannot help, they will refer you to somewhere that can.
You can call 416.981.5500 or write to:
Toronto Community Housing
931 Yonge Street, 2nd Floor
Toronto, Ontario M4W 2H2
ATTN: Claims Review Committee
After the Committee meeting, we will write to tell you the decision. The Committee meets monthly and includes representatives from Legal Services, Asset Management, Resident and Community Services, Facilities Management and Finance.
About the collection of personal informationToronto Community Housing may be collecting personal information for the purpose of investigating incidents related to security and safety of people and for the investigation of insurance claims and evidence required to protect Toronto Community Housing’s legal rights. Specific individuals concerned may not be given notice as required by section 29(2) of MFIPPA if the notice could potentially frustrate an ongoing investigation by Toronto Community Housing in respect of pending or anticipated legal proceedings.
This means that, in some cases, Toronto Community Housing may collect personal information about an individual without giving them notice beforehand. This would only be in cases where giving notice could interfere with an investigation and legal proceedings.
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