The appellant appealed the summary judgment dismissal of his action against the City of Toronto, which was based on his failure to provide timely notice under s. 42(6) of the City of Toronto Act, 2006, and the absence of a reasonable excuse for the delay.
The Court of Appeal affirmed the motion judge's decision, finding no palpable and overriding errors in her conclusion that the appellant failed to establish a reasonable excuse for the three-year delay in providing notice, despite having sufficient information to investigate earlier.
