A minor plaintiff catastrophically injured in a motor vehicle accident in 2007 sought to add a municipality as a defendant in 2015.
The municipality argued the claim was statute-barred under the Limitations Act, 2002 and that notice was not given within the required ten-day period under the Municipal Act, 2001.
The motion judge allowed the amendment.
On appeal, the Court of Appeal held that while the two-year limitation period did not bar the claim (as it began running when the mother held herself out as litigation guardian in June 2014), the ten-day notice requirement was not satisfied.
The mother, as litigation guardian, had no reasonable excuse for failing to give notice within ten days of the accident, and the claim against the municipality was therefore barred.
