The plaintiff fell on a municipal sidewalk and served notice of her claim on the City ten days later.
The City moved for summary judgment, arguing the claim was barred by the seven-day notice requirement under s. 284(5) of the Municipal Act.
The motions judge dismissed the motion, applying Rule 3.01(1)(b) to exclude holidays from the computation of time.
The Court of Appeal allowed the City's appeal, holding that the Interpretation Act, not the Rules of Civil Procedure, governs statutory time limits.
Under s. 28(h) of the Interpretation Act, holidays are not excluded from the calculation unless the final day falls on a holiday.
As the seventh day was not a holiday, the notice was out of time and the action was dismissed.
