The appellant suffered a fractured ankle after slipping on an icy municipal sidewalk.
He failed to give the required 10-day notice to the municipality under the Municipal Act, 2001, only providing notice months later after consulting a lawyer.
The trial judge dismissed the action, finding no reasonable excuse for the late notice and no gross negligence by the municipality.
The Court of Appeal reversed, holding that the appellant's severe injury, medication, and resulting depression constituted a reasonable excuse for the delay.
Furthermore, the municipality's failure to salt the sidewalks for nearly 34 hours after becoming aware of dangerous conditions amounted to gross negligence.
