When is the deadline for notice of claim against a municipality for failure to maintain a road or public facility?
The catalogue records a 3 days period from The event on which the claim is based. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 3 days
- Trigger
- The event on which the claim is based
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Failure to notify bars the action unless (a) the claimant has a reasonable excuse for the lack of notice and the municipality is not prejudiced by the lack of notice; (b) the claim relates to the death of a person as a result of the event complained of; or (c) the municipality waives the notice requirement (s 396(2)). The relief in (a) is not a time extension and must not be computed.
- EXTREMELY SHORT AND EASILY MISSED. Only three days, and it is a condition precedent to suit, separate from and additional to the two-year basic limitation period in The Limitations Act s 6. COMPUTATION WARNING: this is a statutory period, so King's Bench r 3.01(b) (holidays not counted below seven days) does NOT apply. Under The Interpretation Act, CCSM c I80, s 22(4) the day of the event is excluded and all three following days are counted including Saturdays, with the expiry day rescued only by s 24(1) (holiday) or s 24(2) (office closed).