By Bill McNally and Barb Cotton

With the enactment of the Limitations Act in Alberta, it seems clear that a medical malpractice action commenced post March 1, 1999 will be out of time if an action is not commenced within 2 years from when the plaintiff knew or ought to have known: (1) that the injury has occurred; (2) that the injury is attributable to the conduct of the defendant; and (3) that the injury warrants bringing a proceeding, or within 10 years after the claim arose, whichever period expires first.

This is subject to the proviso that if the plaintiff knew, or ought have known, of his or her injuries before March 1, 1999, the plaintiff will be out of time if the action was not commenced within 1 year from the date of termination of professional services or by March 1, 2001, whichever is earlier.

View Full Article:.

The full articles are viewable with Adobe Acrobat Reader. If you do not have Acrobat Reader, it is free to download. Click here.