The plaintiff was struck by a vehicle while riding his bicycle and sued the driver and the municipality, alleging the intersection was dark due to burnt-out streetlights.
The municipality moved for summary judgment, arguing the plaintiff failed to provide notice of the claim within 10 days as required by s. 44(10) of the Municipal Act.
The court found the plaintiff had a reasonable excuse for the delay, as the municipality's potential liability was not discoverable until the police file was released months later.
However, the court concluded that whether the municipality was prejudiced by the delay remained a genuine issue requiring a trial.
The motion for summary judgment was dismissed.
