In deciding whether to extend the time to serve a notice of claim against a municipality, which factors may the court consider?

• A. Whether the municipality had actual knowledge of facts within 90 days
• B. Whether the claimant was an infant or incapacitated
• C. Whether the claimant justifiably relied on settlement representations
• D. All of the above

Answer: (D)

Extending the time to serve a notice of claim against a municipality is a discretionary decision that rests on fairness to the claimant. Courts may look at several factors to decide whether an extension is appropriate. One important factor is whether the municipality had actual knowledge of the facts underlying the claim within the 90-day period. If the municipality already knew enough to realize a claim existed, delaying service cannot be blamed on lack of notice and the deadline shouldn’t bar suit on a technicality.

Another factor is whether the claimant was an infant or incapacitated. When the claimant lacks capacity or is a minor, the ability to act within the strict deadline is impaired, so the statutory period can be tolled to protect the claimant’s rights.

A further factor is whether the claimant justifiably relied on settlement representations. If the municipality led the claimant to believe that a settlement would be pursued or that events would unfold in a way that justified delaying service, a court may excuse the late filing to prevent unfair surprise or prejudice.

Because any of these circumstances can justify extending the deadline, all of the above factors may be considered, so “All of the above” is the best answer.