The plaintiff was injured in a motor vehicle accident, and brought an action for damages against the City of Toronto and two individual defendants. The allegations against the City related to its design of the intersection where the accident occurred. The accident occurred on March 28, 2015 and the City did not receive notice until April 2, 2018, which far exceeded the 10-day notice requirement set out in s. 42(6) of the City of Toronto Act. The City brought a successful motion for summary judgment in which Justice Vella held that the claim was barred since the plaintiff did not have a reasonable excuse for failing to provide notice in a timely manner. The Court of Appeal upheld Justice Vella’s decision.
