In what circumstances will the City be found prejudiced in its defence of failing to provide notice of a piece of debris?

Ontario, Canada

The following excerpt is from Patrick v. Middlesex (County), 2018 ONSC 7408 (CanLII):

In Delahaye v. Toronto (City), supra the plaintiff alleged that a piece of debris on a sidewalk caused him to slip, fall and injure himself. As here, the statutory notice was provided very late. In finding that the issue of prejudice was one requiring a trial, Lauwers J. (as he then was) wrote in part at paras. 22 and 23: This is not a case where the cause of the accident was stable…The plaintiff is not alleging that her injuries were caused by snow and ice left negligently on the sidewalk by the City, where the City’s ability to secure a record is more likely because its monitoring and recording systems are designed to deal with such typically Canadian hazards. This makes it more difficult, in my view, for the City to establish that it has in fact been prejudiced by the delay. When it comes to a piece of transient debris, what difference would it have made if the required notice had been served within 10 days? What could the City have done differently that would have helped with its defence? The item of transient debris would have been long gone.

Other Questions

Can a municipality be prejudiced if it fails to provide adequate notice to a plaintiff? (Ontario, Canada)
Can a party to a designating by-law be challenged for failing to provide adequate notice of the intent of the municipality? (Ontario, Canada)
What is the test for late notice of a municipality's failure to provide notice to a plaintiff? (Ontario, Canada)
In what circumstances has the Licensee been found guilty of defrauding clients A and B using his licence to provide legal services? (Ontario, Canada)
In what circumstances will a plaintiff be successful in a summary judgment action for failing to provide supporting expert evidence? (Ontario, Canada)
If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert? (Ontario, Canada)
In what circumstances have courts found that a wife has failed to discharge the onus to establish that a vesting order is necessary? (Ontario, Canada)
In what circumstances will a solicitor be found liable for failing to advise a client of an onerous covenant in a lease? (Ontario, Canada)
Can an expert be found to be immune from prosecution for failing to provide an expert report for use in a tort action? (Ontario, Canada)
What is the test for failing to provide notice of ice on a sidewalk that had been there for a day and a night? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.