Time, Time, Time….

December 16, 2015 Published by
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In Litigation, Time Is Of The Essence

In law, time defines our day-to-day tasks and shapes how each day unfolds. It is also of significance in the cases we litigate. One of the first issues lawyers address in a new personal injury or medical malpractice file is the limitation date. What is the deadline by which a statement of claim must be filed with the Court? Is it too late to file? In one medical malpractice case, I had only one week to draft and file a statement of claim from the time I first met the client!

Limitation dates are strictly observed: miss filing by a day and your entire lawsuit will likely fail. In Manitoba, these deadlines are outlined in various statutes, but mainly are found in The Limitation of Actions Act. Here are a few general examples:

  • assault and battery to the person – 2 years;
  • breach of contract – 6 years;
  • defamation – 2 years;
  • fraudulent misrepresentation – 6 years.

Suing a doctor, hospital, dentist or chiropractor? Two years. Most slip and fall accidents and personal injuries? Two years.

The determination of a limitation date is an issue of law and often not easy to ascertain. If you believe you have a lawsuit in any area of the law, contact Pollock & Company right away. Do not let time pass you by and wind up “sunk in hideous night”!

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