Municipal Law - Municipal Liability - Negligence
Plaintiff was injured in single car crash on highway. Action was commenced in relation to that accident and later one. Statement of claim alleged that negligence of municipality caused plaintiff to lose control of car she was driving along road and physical, emotional and economic injuries said to have ensued. Municipality moved for summary judgment dismissing action. Motion granted. Action against municipality was dismissed. Plaintiff did not have reasonable excuse for failure to deliver notice to municipality until March 2016. She cannot satisfy first element of statutory test set forth in s. 44(12) of Municipal Act. Issue was not genuine one requiring trial. Inability to meet that requirement meant untimely notice was bar to this action insofar as municipality was concerned.
Patrick v. Middlesex (County) (2018), 2018 CarswellOnt 22792, 2018 ONSC 7408, A.D. Grace J. (Ont. S.C.J.).
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