What is the test for not giving notice of a warranty violation?
Saskatchewan, Canada
The following excerpt is from Shinn v. McLean, 1909 CanLII 100 (SK QB):
The point, I think, is one having more to do with the rules of proof and presumptions, and should be decided on the merits of the evidence given. It seems to me that the general trend of the cases on the point does not go further than this, that “the not giving notice indeed raises a strong presumption that the article at the time of the sale corresponded with the warranty and calls for strict proof of breach of warranty”: Poulton v. Lattimore (1829), 9 B. and C, 259, at p. 265.
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