Azzeh (Litigation guardian of) v. Legendre

2017 ONCA 385, 135 O.R. (3d) 721, 278 A.C.W.S. (3d) 857, 2017 CarswellOnt 7165; Lerners acted for the appellant, the City of Sudbury, in the appeal of a motion judge’s decision permitting the City to be added as a defendant in an action arising from a motor vehicle accident. The Court of Appeal allowed the appeal, finding the plaintiff had failed to provide notice to the City within 10 days of the accident as required by s. 44(10) of the Municipal Act, 2001. The decision confirms that litigation guardians are required to adhere to notice requirements and failure to do so requires litigation guardians to demonstrate both a “reasonable excuse” for that failure and the absence of prejudice to the municipality.