The plaintiff, Catherine Patrick, was injured in a single-car accident in February 2014.
She initially sued Southwest Middlesex, but later sought to add The Corporation of the County of Middlesex ("Middlesex County") as a defendant.
Middlesex County moved for summary judgment, arguing the plaintiff failed to provide timely statutory notice under s. 44(10) of the Municipal Act, 2001, and that her claim was statute-barred under the Limitations Act, 2002.
The court found that Patrick did not establish a "reasonable excuse" for the more than two-year delay in notifying Middlesex County, particularly for the initial 16-month period of inaction before retaining counsel.
As satisfying the "reasonable excuse" prong of s. 44(12) is mandatory, the court granted summary judgment, dismissing the action against Middlesex County.