Can a municipality be prejudiced if it fails to provide adequate notice to a plaintiff?

Ontario, Canada


The following excerpt is from Langille v. Toronto (City), 2010 ONSC 443 (CanLII):

Where notice has not been provided within ten days, the municipality is presumed to have been prejudiced. That presumption can be overcome by evidence establishing the absence of prejudice. (see Fremeau v. Toronto (City), [2009] O.J. No. 2391, at para. 30).

Other Questions


Can a party to a designating by-law be challenged for failing to provide adequate notice of the intent of the municipality? (Ontario, Canada)
What is the test for late notice of a municipality's failure to provide notice to a plaintiff? (Ontario, Canada)
Can a municipality be sued for failing to give notice to a plaintiff? (Ontario, Canada)
In what circumstances will the City be found prejudiced in its defence of failing to provide notice of a piece of debris? (Ontario, Canada)
Is there any case law where a temporary order has been granted against Boris for failing to provide adequate records of his income and expenses? (Ontario, Canada)
In what circumstances will a plaintiff be successful in a summary judgment action for failing to provide supporting expert evidence? (Ontario, Canada)
Can a hospital and physician be held liable in common law for failing to provide adequate control and supervision for a mentally ill patient? (Ontario, Canada)
What is the test for failing to provide notice of ice on a sidewalk that had been there for a day and a night? (Ontario, Canada)
Does a termination clause simply stating that an employee is entitled to compensation in accordance with the legislation restrict the employee to the minimum notice period provided? (Ontario, Canada)
Is there a case in which a payor failed to respond to being served with a notice of intent to vary a child support order? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.