Yes No Share to Facebook
Azzeh v. Legendre, 2017 ONCA 385:
The Lack of Knowledge of Notice Requirement
Last Updated: August 22 2026
Question: In Ontario, does not knowing about the 10-day municipal injury notice rule count as a reasonable excuse to sue a municipality after the deadline?
Answer: SFG Paralegal Services LLP can help you understand Ontario’s 10-day notice requirement for municipal injury claims and whether you might still qualify under the “reasonable excuse” exception based on your specific circumstances. In Azzeh v. Legendre, 2017 ONCA 385, the court held that lack of awareness of the notice requirement alone does not constitute a reasonable excuse, but it may support a reasonable excuse when combined with other extenuating factors such as the length of the delay, your ability to form the intention to sue within the notice period, and the explanation for the delay. If you missed the notice deadline, contact SFG Paralegal Services LLP at (888) 398-0121 to discuss your timing, documentation, and next steps with a paralegal in Ontario.
Add this website to Google Preferred Sources
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 number of inquiries regarding “lawyers near me” or “best lawyer in” typically indicate a request for prompt and proficient legal support rather than a particular professional designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specified litigation issues. Advocacy, legal reasoning, and procedural expertise are fundamental to this role. SFG Paralegal Services LLP provides legal representation within its licensed parameters, focusing on strategic advantage, evidence preparation, and compelling advocacy aimed at securing efficient and positive outcomes for clients.
