The Crown defendants brought a motion for summary judgment dismissing a personal injury action on the basis that the plaintiff failed to provide notice within ten days as required by s. 7(3) of the Proceedings Against the Crown Act.
The plaintiff was injured when a swing set on Crown-owned property collapsed.
Although written notice was sent outside the statutory ten‑day period, correspondence indicated that the Crown’s property manager attempted to inspect the swing the day after the incident.
The court drew an adverse inference from the Crown’s failure to provide affidavit evidence explaining what information it received or what investigation it undertook.
The court held that the Crown effectively received notice and had an opportunity to investigate shortly after the incident, satisfying the legislative purpose of the notice provision.
