The appellant appealed the dismissal of an action as statute barred under the notice provisions of the Municipal Act.
The court held there was no dispute that written notice had not been given within 10 days as required by s. 44(10), and the appellant therefore bore the onus under s. 44(12) to establish a reasonable excuse and absence of prejudice to the municipality.
The motion judge's reasons were found to be careful and considered, and the appellate court found no error in the analysis or in the application of the governing principles.
The appeal was dismissed with costs to the respondent.
