What is the limitation defence argument in a case of solicitor error or negligence?
Alberta, Canada
The following excerpt is from Neis v. Yancey, 1999 ABCA 272 (CanLII):
Basarsky v. Quinlan was a case of solicitor error or negligence in failing to claim on behalf of the dependants or plead the Fatal Accidents Act. In that case, Hall J. found special circumstances because all the facts relating to the claim were pleaded, the examinations for discovery included questions relevant to a Fatal Accidents Act claim, and the defendants were not actually prejudiced. But as there had been no discontinuance filed in that case, and the proceedings were ongoing, the limitation defence argument was plainly wholly technical.
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