The respondent tripped and fell on a city sidewalk, sustaining a shoulder injury.
She commenced an action against the city six months later, beyond the three-month limitation period in the Municipal Act.
The motion judge dismissed the city's motion for summary judgment, finding a genuine issue for trial regarding when the respondent discovered the severity of her injury.
On appeal, the Divisional Court reversed the decision, holding that the limitation period begins when the plaintiff knows some damage has occurred, not when the full extent of the injury is diagnosed.
The appeal was allowed and the action dismissed.
