Carmichael v. Edmonton (City)

Carmichael v. Edmonton (City)

The appeal was dismissed because notice was not given within the ten days required by s.519 for ice/snow sidewalk injuries; the undisputed lack of notice and lack of municipal knowledge created an inherent probability of prejudice (depriving the city of opportunity to inspect and collect contemporaneous evidence), and the trial judge's findings on excuse and prejudice are reviewable on appeal and were overturned on that basis.

Citation
[1933] SCR 650
Parties
Appellant (plaintiff): Duncan A. Carmichael; Appellant (plaintiff): Daisy Carmichael; Respondent (defendant): City of Edmonton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 October 1933
Procedural Posture
Municipal Negligence Personal Injury / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed; judgment of the Appellate Division affirmed; action dismissed for want of statutory notice
Legal Topics
Statutory Notice Requirements, Prejudice to Defence, Appellate Review of Factual Findings, Limitation Periods
Source Language
English
Municipal Law Tort Negligence Civil Procedure Statutory Notice Requirements Prejudice to Defence Appellate Review of Factual Findings Limitation Periods

Case Brief

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Parties

Duncan A. Carmichael

Appellant (plaintiff)

Daisy Carmichael

Appellant (plaintiff)

City of Edmonton

Respondent (defendant)

Procedural Posture

Municipal Negligence Personal Injury / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether failure to give statutory notice within ten days under s.519(1) of the Edmonton Charter barred the action
  2. 2 Whether the trial judge's finding that there was reasonable excuse for delay and that the city was not prejudiced is final or reviewable on appeal
  3. 3 Whether the absence of notice and lack of municipal knowledge gave rise to an inherent probability of prejudice to the city's defence

Ratio Decidendi

The appeal was dismissed because notice was not given within the ten days required by s.519 for ice/snow sidewalk injuries; the undisputed lack of notice and lack of municipal knowledge created an inherent probability of prejudice (depriving the city of opportunity to inspect and collect contemporaneous evidence), and the trial judge's findings on excuse and prejudice are reviewable on appeal and were overturned on that basis.

Court Disposition

Appeal dismissed; judgment of the Appellate Division affirmed; action dismissed for want of statutory notice

Orders

  • Appeal dismissed with costs
  • Action dismissed for want of notice under s.519