The City of Toronto appealed a motion judge's decision that dismissed the City's summary judgment motion and granted reverse summary judgment to the plaintiffs, Robyn Graham and David Mitchell.
The original action stemmed from Ms. Graham tripping on a pothole, and the City argued the claim was barred due to late notice under the City of Toronto Act, 2006.
The motion judge found a reasonable excuse for the late notice and no prejudice to the City.
The Court of Appeal dismissed the City's appeal, affirming that the motion judge's grant of reverse summary judgment was procedurally fair and that her findings on reasonable excuse and lack of prejudice were supported by the evidence and applicable law.
