Open AccessThe Impact of Limitation Periods on Actionability in Negligence
Author(s) -
John McLaren
Publication year - 1969
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1914
Subject(s) - plaintiff , statute , legislature , economic justice , action (physics) , law , order (exchange) , statute of limitations , political science , law and economics , legislative intent , business , economics , physics , finance , quantum mechanics
The statutes dealing with limitations of actions with respect to negligence raise several problems - the commencement of the running of time, the problem of belated discovery, and the problem of whether the plaintiff is entitled to amend his action to include claims for others types of loss where the application for amendment is out of time. The author analyses how the courts have dealt with these problems and concludes that the statutes, as they presently exist, overly protect the defendant. He suggests that legislative change is necessary to give more consideration to the plaintiff in order to do optimum justice to all concerned.