Yes No Share to Facebook
Azzeh v. Legendre, 2017 ONCA 385: The Lack of Knowledge of Notice Requirement
Question: Can I still sue an Ontario municipality if I didn’t give the 10-day injury notice because I didn’t know about the rule?
Answer: In Ontario, Azzeh v. Legendre, 2017 ONCA 385 confirms that not knowing about the 10-day notice requirement under Municipal Act, 2001, s. 44(10) usually isn’t a reasonable excuse on its own, though courts may consider it alongside other extenuating circumstances. Empowered Legal Services is a Professional Legal Advocacy Team serving Ontario that can review your timeline, reasons for delay, and next steps to help protect your claim.
Judicial Analysis: Azzeh v. Legendre
The Azzeh v. Legendre, 2017 ONCA 385, confirms that the "reasonable excuse" exception for failing to provide notice of an injury to a municipality within the ten-day notice requirement stipulated in section 44(10) of the Municipal Act, 2001, S.O. 2001, Chapter 25, by itself, excludes failure to provide notice due to a lack of knowledge of the notice requirement. On this issue, it was specifically stated:
[43] In determining what constitutes a reasonable excuse, the words should be given their plain and ordinary meaning, and the court should consider all of the circumstances: see Crinson, at paras. 20-23; and Seif, at paras. 26, 47. Those circumstances would include, among other things, whether the plaintiff was capable of forming the intention to sue the municipality within the notice period under s. 44(10), or had a representative whose responsibility it was to retain a lawyer and pursue all claims; the length of the delay before notice was given; and any explanation of the reason for the delay. Lack of awareness of the notice requirement, standing alone, does not constitute a reasonable excuse, but when considered in combination with other extenuating circumstances, a court may conclude a reasonable excuse exists: see Crinson, at para. 38; and Seif, at para. 29 (per Hoy A.C.J.O., partly in dissent but not on this point).
This case underscores that ignorance of the law, meaning lack of awareness of the ten-day notice requirement, fails to qualify as a "reasonable excuse" for failing to provide the ten-day notice of an injury to a municipality. As what constitutes as a "reasonable excuse" requires careful review, a person seeking to bring a claim against a municipality, without having met the ten-day notice requirement, should carefully review the "reasonable excuse" exception prior to commencing the litigation.
NOTE: A significant quantity of online searches featuring “lawyers near me” or “best lawyer in” frequently indicates a requirement for prompt and proficient legal support rather than a particular designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are empowered to represent clients in specified litigation matters. Advocacy, legal evaluation, and procedural expertise are fundamental to that function. Empowered Legal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidence preparation, and persuasive advocacy aimed at securing effective and advantageous outcomes for clients.