Île Perrot (City of) v. Goulet-Wiseman

Île Perrot (City of) v. Goulet-Wiseman

Where a claimant fails to give the 15‑day statutory notice but proves they were prevented for reasons sufficient under s.622(4), the obligation to give that notice is permanently excused and the claimant may institute proceedings without giving notice; prescription under s.622(5) is to be calculated according to the...

Source-derived case information.

Citation
[1977] 1 SCR 175
Parties
Defendant/appellant: City of Île Perrot; Plaintiff/respondent: Dame Cécile Goulet‑Wiseman
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1975
Procedural Posture
Appeal to Supreme Court of Canada Municipal Liability for Street Accident / On Appeal From the Court of Appeal for Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Statutory Notice of Claim, Condition Precedent to Suit, Prescription/limitation Period, Judicial Discretion Under Statute
Source Language
english
Municipal Law Tort Civil Procedure Statutory Notice of Claim Condition Precedent to Suit Prescription/limitation Period Judicial Discretion Under Statute

Source-derived case record

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Parties

City of Île Perrot

Defendant/appellant

Dame Cécile Goulet‑Wiseman

Plaintiff/respondent

Procedural Posture

Appeal to Supreme Court of Canada Municipal Liability for Street Accident / On Appeal From the Court of Appeal for Quebec

Legal Issues

  1. 1 Whether failure to give statutory notice within 15 days under s.622(1) can be excused under s.622(4) and whether that excuse permanently releases the obligation to give notice
  2. 2 Whether a claimant who was prevented from giving notice must give notice once the obstacle ceases before instituting action
  3. 3 What is the proper starting point for prescription under s.622(5) when notice is excused or given

Ratio Decidendi

Where a claimant fails to give the 15‑day statutory notice but proves they were prevented for reasons sufficient under s.622(4), the obligation to give that notice is permanently excused and the claimant may institute proceedings without giving notice; prescription under s.622(5) is to be calculated according to the applicable starting point.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs