Is there another source of knowledge to mitigate the prejudice caused by the delay in identifying a snow bank where the snow bank had become visible?

Ontario, Canada


The following excerpt is from Zogjani v. The City of Toronto, et al, 2011 ONSC 1147 (CanLII):

No evidence has been put before me that the City had another source of knowledge to mitigate the prejudice, as in Kors v. Toronto (City),supra. I find that the City has established that it has been practically prejudiced by the delay and that it has no other source of knowledge. While I accept the plaintiff’s argument that the snow bank probably melted before the 10-day notice period expired, given the weather, I am persuaded that the effect of the delay on the Field Investigator’s memory and the memories of those he might have contacted is prejudicial to the City’s ability to defend the action.

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