The plaintiff tripped on a pothole on a pedestrian crosswalk on January 2, 2018, and sued the City of Toronto for damages. Notice of the claim was served on the City on March 22, 2018. By the time it received notice, the City had filled the pothole as part of a standard remediation program. It had no knowledge of the claim as of the time of the repair. The City brought a motion for summary judgment on the basis that the plaintiff failed to comply with the notice provision under s. 42(6) of the City of Toronto Act, which required the plaintiff to give notice of the claim within 10 days of the occurrence. Justice Papageorgiou dismissed the motion, holding that the notice provision did not bar the plaintiff’s claim. She found that the plaintiff had a reasonable explanation for the delay, and that there was no prejudice to the City because the depth of the pothole could be determined by drilling into the patch.
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