Is there an action for the infant Nadine out of time?
Alberta, Canada
The following excerpt is from Brown v. University of Alberta Hospital, 1997 CanLII 14750 (AB QB):
The plaintiff argues that the action for the infant, Nadine, is not out of time by virtue of: i) the decision in Campbell v. Fang; ii) section 59 of the Limitation of Actions Act; iii) a discoverability requirement in section 59 of the Limitation of Action Act; and/or iv) a discoverability requirement in section 55 of the Limitation of Action Act. I will now deal with each of these arguments in turn. i) Campbell v. Fang:
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