The defendant municipality brought a motion for summary judgment to dismiss the plaintiff's action for damages arising from a motor vehicle accident, arguing the plaintiff failed to provide written notice within 10 days as required by section 44(10) of the Municipal Act.
The plaintiff argued the notice provision was of no force and effect, that notice was not required after 10 days, and that the discoverability principle delayed the start of the notice period.
The court rejected these arguments, finding that the plaintiff failed to establish a reasonable excuse for the want of notice under section 44(12).
The action against the municipality was dismissed.
