The defendant municipality brought a motion for summary judgment to dismiss the plaintiff’s slip-and-fall action for failure to provide notice within ten days as required by the Municipal Act, 2001.
The plaintiff argued for an exception based on reasonable excuse and lack of prejudice to the municipality.
The court found that the plaintiff could rely on a late-served expert report for the motion, but that the admissibility of both parties’ expert evidence was not established.
The court concluded that the conflicting expert evidence on the plaintiff’s capacity and reasonable excuse created a genuine issue requiring a trial.
Both the defendant’s motion for summary judgment and the plaintiff’s request for reverse summary judgment were dismissed.
No costs were awarded due to divided success.
