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The Court of Appeal affirmed a reverse summary judgment excusing a plaintiff's late notice of a trip-and-fall claim against the City.
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.
City's appeal dismissed; trial judge correctly applied sidewalk maintenance standard to pedestrian laneway.
The City of Toronto appealed a trial judge's decision regarding liability for a slip and fall in a municipal laneway.
The City argued the trial judge erred in assessing the standard of maintenance, failing to apply the strict notice period for sidewalks under the Municipal Act, and failing to find contributory negligence.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or application of the law, and upheld the trial judge's costs award.
