What is the limitation period for a plaintiff who was 13 years old when she was injured in a school bus accident?
Alberta, Canada
The following excerpt is from Guay v. Wong, 2008 ABQB 638 (CanLII):
In the second case, Righthand v. Spotted Eagle, 2006 ABQB 36, 394 A.R. 206 (“Righthand”), Macklin J. addressed the applicability of s. 3(1)(a) to a plaintiff who was 13 years old when she was injured in a school bus accident. He held that the limitation period was not suspended. In considering the application of s. 3(1)(a), he considered evidence of the plaintiff’s personal knowledge at ages 13, 17 and 18, as well as her father’s knowledge. He held that the limitation period commenced when the plaintiff had the required knowledge (by which time she had reached 18 years of age).
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