Claims Against the City of Kelowna

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Claims Against the City of Kelowna

The information provided on this website should not be taken as legal advice. For any legal questions, it is recommended to consult a lawyer.

If you believe that the City has not properly maintained its facilities, roads, trees, sewers, or other infrastructure, which has led to bodily injury and/or property damage, you may file a third-party liability claim against the City of Kelowna.

Please note that filing a third-party liability claim against the City does not guarantee payment. It is essential for the claimant to show that any incidents/damages were due to the City's negligence.

For incidents involving motor vehicles or damage to your home, it is advisable to file a claim with your home or auto insurance provider. If your insurer determines that the City is responsible for damages, they may pursue compensation from the City on your behalf.

How to make a Claim Against the City

To make a claim pursuant to Section 736 of the Local Government Act, you must provide written notice of the claim to the City within two (2) months from the date of the loss or damage.

Please refer to the attached PDF for information on how to file a claim against the City.

Claims Against the City of Kelowna

You may also submit your claim online via the City’s Service Request system. Please include all relevant information (refer to the PDF for more information on what to include). For more information, please contact us and/or refer to the documents, below.

What Happens After You Submit a Claim?

All claims are managed by the Risk Management department for the City of Kelowna.

The City will review whether it has met its maintenance obligations and standard duty of care. If the evidence does not demonstrate that the City's negligence caused your damages, your claim may not be successful.

To ensure a thorough and impartial review, the City might enlist an external claims adjuster to help with the investigation. Please be aware that this process can take several weeks to complete.

If it is found that the City did not meet a reasonable standard of care, and negligence is established, the City will work towards resolving your claim. Compensation will be based on the proof of damage linked to the City's actions.

However, if the City is deemed to have exercised a reasonable standard of care, your claim may be denied.

Upon the completion of the investigation, you will be notified in writing of the decision.

If a claimant wishes to appeal a claims decision, they may do so through the Civil Resolution Tribunal (for claims up to $5,000), the Provincial Court of British Columbia (for claims up to $35,000), or the Supreme Court of British Columbia (for claims over $35,000). Please consult your own legal counsel for more information.

Please be advised that the City of Kelowna collects personal information pursuant to Sections 26(c) and 26(e) of the Freedom of Information and Protection of Privacy Act for the purposes of administering and assessing claims.

What Should you do if you Damage City Property?

The Risk Management team investigates all damages to City property and infrastructure.

Submit a Service Request

Whether you’ve caused or witnessed damage to City property and/or infrastructure, please submit a Service Request so the appropriate department(s) can assess. Don’t worry if you are unsure of which department to submit your request to, as the requests will be forwarded to the appropriate department(s) as needed.

Submit a request

Payments for Damages to City Property and Infrastructure

If you have inadvertently caused damage to City property, please inform the Risk Management department. Following your report, you may receive a Recovery Notice. Kindly contact Risk Management to express your intention to reimburse the City for the loss.

If you choose not to indicate your intention to reimburse the City for the loss, the City will reach out to your insurance company to seek reimbursement or proceed with legal actions.

Payment of the invoice is due within 30 days of issuance.

The accepted payment methods by the City include:

  • Cash/cheque/debit at City Hall cashiers, weekdays between 8:00am to 4:00pm. Please provide the invoice referencing the claim file.
  • Cheques can be sent in with remittance advice to City Hall at the following address. Please include the invoice referencing the claim file. Please do not send cash.
    Risk Management
    City of Kelowna
    1435 Water St., Kelowna, BC
    V1Y 1J4
  • E-transfer – use [email protected] (no password needed). Please ensure you include the customer information and invoice number in your memo.
  • Electronic funds transfer (EFT). Please ensure you include the invoice number on the remittance.