Ruling notes plaintiff gave no written notice within 90 days to local government clerk
In a proceeding arising from an alleged slip-and-fall incident, the New Brunswick Court of King’s Bench summarily dismissed an action for damages upon finding the plaintiff’s claim statute-barred under NB’s Local Governance Act, 2017.
On Feb. 25, 2022, the plaintiff in Girard v Campbellton (City), 2026 NBKB 136, alleged that he slipped and fell on snow and ice while walking up the stairs toward the entrance of the Memorial Civic Centre.
According to the plaintiff, on Mar. 15, 2022, he met with his solicitor, who told him he had to inform the City of Campbellton that he planned to initiate legal action in connection with the slip-and-fall incident.
On the same day, the plaintiff and his brother visited the Memorial Civic Centre. While the plaintiff was waiting to talk to the centre’s general manager, the city’s fire chief approached him and recognized him as the man who had fallen.
After his conversation with the fire chief, the plaintiff advised the general manager that he intended to bring an action against the city.
On Feb. 26, 2024, the plaintiff commenced an action against the city for injury sustained and damages incurred in the slip-and-fall. He alleged that the defendant city was negligent for failing to remove snow and ice and failing to maintain the premises’ exterior area and staircase in a safe condition.
After the action’s filing, the city’s assistant treasurer concluded that the plaintiff did not report the slip-and-fall incident to the city. The assistant treasurer looked for internal records about the incident and saw none.
To reach this conclusion, the assistant treasurer conducted inquiries, including contacting coworkers and personnel, searching the city’s insurance and incident files, and searching the email history of the person in charge of the city’s insurance matters in early 2022.
The city sought summary judgment. By amended notice of motion filed on Feb. 13, 2025, the city asserted that the action lacked merit since it was statute-barred under ss. 5(1)(a) and 5(2) of NB’s Limitations of Actions Act, 2009.
Alternatively, the city argued that the action was statute-barred because the plaintiff failed to provide written notice within 90 days of the alleged incident as required by s. 181(1) of the Local Governance Act.
Claim found statute-barred
The Court of King’s Bench of New Brunswick dismissed the action for being statute-barred under the Local Governance Act.
The court saw no real issue in dispute requiring a trial and granted summary judgment in the city’s favour because it could determine the dispute fairly based solely on the evidence submitted.
First, the court did not consider the plaintiff’s claim statute-barred under s. 5 of the Limitations of Actions Act.
The court determined that the plaintiff’s claim – which arose on Feb. 25, 2022, the date of his alleged slip and fall-related injury – was subject to a two-year limitation period under the Limitation of Actions Act.
The court explained that the incident’s second anniversary was on Feb. 25, 2024, a Sunday, and that the plaintiff filed his action on Feb. 25, 2024, a Monday.
However, the court deemed the plaintiff’s action statute-barred under s. 181(1) of the Local Governance Act. The court found that the plaintiff failed to give the local government clerk a written notice of the event giving rise to the action within 90 days from the event’s occurrence.
The court added that the situations identified in s. 181(2) did not apply. The court also saw no evidence that the plaintiff was incapable of providing a written notice under s. 181(1).
Lastly, given the totality of the circumstances, the court ordered the plaintiff to pay the city’s all-inclusive costs of $750.
