What is the limitation of an action for damages in personal injury after the expiration of s.3(2) of the Limitation Act?
British Columbia, Canada
The following excerpt is from Boyd v. British Columbia, 2001 BCSC 667 (CanLII):
Absent either a postponement or a disability, s.3(2) of the Limitation Act prohibits an action for damages in respect of personal injury after the expiration of two years from the date on which the right arose. The objective of the Limitation Act is to strike a balance between the interests of defendants, in terms of certainty and protection against stale claims, and to treat plaintiffs fairly having regard to their specific circumstances: Novak v. Bond, 1999 CanLII 685 (SCC), [1999] 1 S.C.R. 808 at para. 66 (S.C.C.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
What is the test for the "rough upper limit" of damages in a personal injury action? (British Columbia, Canada)
What is the test for calculating damages for personal injury in a personal injury case? (British Columbia, Canada)
