When the plaintiff states, as he does state in his notice, that it is given “pursuant to Section 400 of The Rural Municipal Act” and he acted honestly and bona fide, which I find he did, in discharge of the duty which the statute imposed upon him, he is to be considered as acting in pursuance of the Act. See Webb v. Barton Stoney Creek Consolidated Road Co. (1894) 26 OR 343, at 348. It must, therefore, be presumed, at least until the contrary is shown, that the notice was given within 30 days of the happening of the injury. The onus, therefore, is upon the defendant municipality to prove that the notice was not given within the 30 days of the happening of the injury and the municipality has not done that, nor has the municipality in any way attempted to fix any particular date of when the injury happened.
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