Mr. Young

The defendant municipality brought a motion for summary judgment to dismiss the plaintiff's action against it for failure to provide notice within 10 days of the injury, as required by s. 42(6) of the City of Toronto Act.

The plaintiff was involved in a motor vehicle accident in 2015 but did not notify the municipality until 2018, after retaining an expert who suggested a potential intersection design defect.

The court found the matter appropriate for summary judgment and held that the plaintiff failed to establish a reasonable excuse for the delay under s. 42(8), as he had sufficient facts to investigate a potential claim against the municipality much earlier.

The action against the municipality was dismissed.

The appellant, owner of two patents for waferboard and wafers, sued the respondent for patent infringement.

The respondent challenged the validity of the patents on several grounds, including failure to comply with the disclosure requirements of s. 36(1) of the Patent Act, anticipation, and double patenting.

The Supreme Court of Canada allowed the appeal, holding that the patents were valid and infringed.

The Court clarified that s. 36(1) requires the specification to adequately describe the invention for a person skilled in the art, not the general public, and does not require a distinct indication of the invention's utility.