It’s that time of year again. The landscape looks so pretty – marshmallow-covered roads, glistening sidewalks, diamond-crusted fir trees, right? The reality is quite different. As personal injury lawyers, at this time of year we are inundated with calls by injured people who have sustained fractures, sprains, concussions and other injuries due to weather-related incidents.
Summary Judgment not granted where the inconsistencies of several witnesses and conflicting material evidence required an evaluation of credibility.
Municipalities enjoy legal protections that other parties do not. Take the 10-day notice period as a prime example.
The Municipal Act, 2001 states that no legal action shall be brought for the recovery of damages unless the municipality is notified of the claim and injury within 10 days of its occurrence. When municipal property is in a state of disrepair or covered in ice and snow, with no reasonable attempts at maintenance, resulting injuries warrant recovery of damages from the responsible municipality.
The injured person has only 10 days to let the municipality know that they were injured on city property, or risk being unable to recover damages.
This recent decision is a reminder of the affirmative duty that occupiers owe to take reasonable care to ensure that people are safe while attending on their premises.
This appeal to set aside the dismissal order was allowed on the basis that prejudice to the defence existed regardless of the Appellant’s delay. The factor of delay by itself is not sufficient to deny the Appellant’s request to reinstate the action.
Litigation Cost Protection will not suffice as ‘Security for Costs’
