The defendant municipality brought a motion for summary judgment, arguing the plaintiff's action for a trip and fall on a sidewalk was barred due to insufficient notice under s. 44(10) of the Municipal Act.
The plaintiff had emailed the municipality eight days after the fall, and her roommate provided additional location details the next day.
The court found the notice was sufficient, as it allowed the municipality's adjuster to identify the area and take photographs.
The court also found no prejudice to the municipality and dismissed the motion for summary judgment, ordering the municipality to pay $2,000 in costs.
