The appellant municipality sought dismissal of a bodily injury action on the basis that the respondent failed to comply with the 15-day notice requirement in municipal legislation after a sidewalk fall.
The appeal turned on whether art. 2930 of the Civil Code of Québec, which preserves the three-year prescriptive period for bodily injury claims notwithstanding contrary provisions, applies to municipalities and overrides s. 585 of the Cities and Towns Act.
The Court held that art. 2930 is a mandatory provision of public order, applies to legal persons established in the public interest, and takes precedence over the municipal notice regime insofar as that regime hinders bodily injury claims.
The Court also held that the Minister of Justice’s commentaries may assist with interpretation but are not binding.
