Ava M. Hillier

Following a summary judgment dismissing the plaintiffs’ claim against a municipal defendant, the court addressed costs.

The defendant municipality sought costs of the entire action on a partial indemnity basis, arguing it had succeeded in having the claim against it dismissed.

The plaintiffs argued that awarding full action costs was premature because the municipality remained involved through a cross-claim.

The court agreed that it was inappropriate to assess all action costs before trial but held that reasonable partial indemnity costs for the summary judgment motion were warranted.

The court reduced the requested preparation and attendance costs and awarded a portion of the claimed disbursements attributable to the motion.

The defendant City of Brampton brought a motion for summary judgment to dismiss the plaintiffs' personal injury claim arising from a slip and fall on an icy municipal sidewalk.

The City argued the claim was statute-barred because the plaintiffs failed to provide written notice within 10 days of the injury, as required by s. 44(10) of the Municipal Act.

The plaintiffs provided notice 18 months later.

The court found that the plaintiffs failed to establish a reasonable excuse for the delay under s. 44(12), as the injured plaintiff knew the cause of his fall and the responsible party on the day of the incident, and his injuries were apparent within months.

The court also found the plaintiffs failed to prove the City was not prejudiced by the delay.

The motion for summary judgment was granted and the claim against the City was dismissed.