TTC and Public Transit Injury Claims

The duty owed to passengers

A transit operator that carries the public for a fare is usually described as a common carrier. The Occupiers' Liability Act does not define the carrier's duty. Section 9 (1) only preserves the position: if another enactment or rule of law places a stricter liability or standard on certain classes of persons, the Act leaves that in place, and common carriers appear in the list of such classes.

The Act does not spell out what that higher standard is. Its content and its effect in a given incident, and whether it assists a claimant, are something a lawyer would assess from the evidence.

Where the injury happens on a platform, in a station or on a stairway rather than on a vehicle, section 3 (1) of the same Act applies to the occupier of the premises. The occupier's obligation is to take the care that is reasonable given the circumstances, so that people who enter are reasonably safe.

How people are injured

Claims arising from public transit commonly involve:

• Sudden braking or acceleration that throws standing passengers
• Doors closing on passengers, or a vehicle moving while someone is boarding or leaving
• Falls on stairs, escalators and platforms, such as wet floors or poor maintenance
• Collisions between a bus or streetcar and another vehicle
• Pedestrians and cyclists struck by a transit vehicle
• Assaults, where inadequate security is alleged
• Wheelchair and mobility device incidents, including ramps, securement and assistance

Why video footage matters

Footage can help show what happened before an injury. Without it, a claim may rest on the operator's incident report and the injured person's own account.

Writing leaves a record that a phone call does not, and precise details make it easier to find the right clip. A lawyer can explain how and to whom such a request is directed.

What people typically do at the scene and afterward

The following are practical steps that are commonly taken, not legal requirements:

1. Report the incident to the operator or station staff and obtain an incident number, the operator's badge number, the vehicle number and the route.
2. Record the exact time and direction of travel, which helps locate footage.
3. Collect witness contact details, since other passengers usually leave quickly.
4. Photograph the scene, including the hazard, the vehicle or stairway, and any visible injuries.
5. Obtain medical attention promptly and describe how the injury happened as precisely as possible.
6. Send a written request to preserve footage.
7. Keep proof of the fare, such as a PRESTO record or a transfer, which shows the person was a passenger at that time.
8. Seek legal advice before giving a recorded statement to the operator's claims department, since the statement may later be used in the claim.

Deadlines and notice periods

Under s. 4 of the Limitations Act, 2002, a lawsuit generally cannot start more than two years after the claim was discovered, subject to what the Act says elsewhere. The date of discovery and any other rule in play turn on the individual facts, so a lawyer should check them.

Other rules are sometimes engaged:

• Highway-repair claims against a municipality. For an action alleging that a road or sidewalk was not kept in repair, the Municipal Act, 2001 (s. 44 (10)) and, for Toronto, the City of Toronto Act, 2006 (s. 42 (6)) prevent it from proceeding unless the clerk receives written notice of the claim and the injury within 10 days of the occurrence, by service or registered mail. A judge may excuse missing or inadequate notice where there is a reasonable excuse and the municipality is not prejudiced (s. 44 (12); s. 42 (8)). These provisions are about highways, so their relevance to a transit incident depends on where it took place. Sidewalk and similar claims are treated more fully in our slip and fall guide.
• Snow or ice on premises. Under s. 6.1 of the Occupiers' Liability Act, a claim for injury from snow or ice cannot proceed without a written notice, stating the date, time and place, that reached an occupier (or the contractor hired to clear the snow or ice) by personal service or registered mail within 60 days. A judge can excuse a missing or flawed notice for a reasonable excuse where the defendant suffers no prejudice (s. 6.1 (6)). Whether this reaches a station or platform turns on who the occupier is and what caused the fall.
• Accident benefits where an automobile is involved. The accident benefits regulation expects a person planning to claim to tell the insurer by the seventh day following the event giving rise to the entitlement, or later if that is as soon as practicable. Separately, a signed application goes to the insurer within 30 days of the person receiving the forms (O. Reg. 34/10, s. 32 (1), (5)). See Ontario accident benefits.

The regulation's definition of "accident" is tied to an automobile directly causing an impairment. In the Insurance Act, "automobile" covers trolley buses and self-propelled vehicles, but excludes railway rolling stock running on rails. A bus is therefore likely an automobile, while a streetcar on rails, by itself, is not, although a car colliding with a streetcar is still an automobile. Which insurer's policy responds, and whether a person is an insured person, are fact-specific questions for a lawyer.

What the operator may argue

Operators and their insurers commonly raise arguments such as:

• The passenger did not hold on or was not paying attention
• The stop was needed to avoid a collision
• Intoxication or distraction
• A pre-existing injury, which medical records can address
• The hazard was too recent for the operator to deal with it

Where a court finds the injured person's own negligence helped cause the loss, s. 3 of the Negligence Act directs it to divide the damages according to each side's degree of fault. The result turns on the evidence.

When legal advice becomes relevant

Common triggers include a serious or lasting injury, a dispute over who was at fault, an operator or insurer asking for a recorded statement, any approaching notice or limitation date, an accident benefits refusal, and a vehicle collision in addition to the transit incident.

What to gather: the incident number and any report, photographs, witness details, fare proof, medical records, and the date, time, route and vehicle or station.