The plaintiff sued the City of Toronto for injuries sustained after tripping on a pothole in a pedestrian crosswalk.
The City brought a motion for summary judgment, arguing the claim was barred because the plaintiff failed to provide notice within 10 days as required by s. 42(6) of the City of Toronto Act.
The court dismissed the City's motion and granted summary judgment to the plaintiff on this issue, finding the plaintiff had a reasonable excuse for the delay and the City suffered no prejudice.
