The defendants moved for summary judgment dismissing a personal injury action arising from injuries sustained at a provincial park boat launch.
The moving party argued that the claim was barred because the plaintiff failed to comply with statutory notice requirements under the Proceedings Against the Crown Act, which requires notice within ten days for claims relating to the Crown’s ownership, occupation, possession, or control of property.
The court found that the claim clearly alleged breach of duties connected to property controlled by the Crown and therefore fell within the statute.
Because no timely notice was provided, the action was rendered a nullity by operation of statute.
The court rejected arguments that the claim fell outside the statute or could be reframed as another tort or contractual claim.
