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Azzeh v. Legendre, 2017 ONCA 385:
The Lack of Knowledge of Notice Requirement
Last Updated: June 12 2026
Question: What can I do if I was injured on municipal property in Ontario and missed the 10-day notice deadline to the municipality?
Answer: In Ontario, missing the 10-day municipal injury notice can seriously affect your claim, and Azzeh v. Legendre, 2017 ONCA 385 confirms that not knowing about the notice requirement, on its own, usually isn’t a “reasonable excuse”, so you should gather evidence, document why notice was delayed, and get guidance fast; SFG Paralegal Services LLP provides Paralegal services across Ontario to help assess the “reasonable excuse” factors, prepare notice materials, and move your matter forward efficiently. Call (888) 398-0121 to discuss your municipal injury claim options and next steps today.
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 quantity of online searches such as “lawyers nearby” or “top lawyer in” frequently indicates an urgent desire for effective legal assistance instead of a particular designation. In Ontario, certified paralegals are governed by the same Law Society that manages lawyers and are permitted to advocate for clients in specific litigation cases. Skills in advocacy, legal analysis, and procedural expertise are vital to this function. SFG Paralegal Services LLP provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and persuasive advocacy aimed at securing efficient and advantageous outcomes for clients.
