The appellant slipped and fell on an icy sidewalk and broke her leg.
She faxed a handwritten notice of her claim to the municipality within the seven-day statutory period, but the notice did not specify the exact date or location of the fall.
The municipality successfully moved for summary judgment on the basis that the notice was defective under s. 284(5) of the Municipal Act.
The Court of Appeal allowed the appeal, holding that a notice does not strictly need to state the time and place if it provides enough information for the municipality to investigate.
Whether the appellant's notice was sufficient raised a genuine issue for trial.