LRC Reports

Notice Requirements in Proceedings Against Municipal Bodies (1990)

Keywords: notice; action; Municipal Act; employee; agent; municipality; duty; claim; police; injury; death; damages; damage; retention; liability; breach; prejudice; vicarious; excuse

Under the legislation governing municipalities in force at the time of this project, a party is barred from claiming damages against a municipality unless they provide notice within 60 days of the cause of the claim. A plaintiff failing to provide notice can only save his claim by providing a “reasonable excuse,” and demonstrating that the municipality will not be prejudiced by the late notice. The fact that municipalities are given favoured treatment in relation to other litigants is examined, and is a balanced against the rights of injured plaintiffs.

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