What is the discovery period for a motorcyclist injured in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Hicke v Drefko, 2017 ABQB 795 (CanLII):
In Sousa v. Mayo , 2005 ABQB 845, the court took the same approach, saying that the discovery period will not commence at the time of the event but at the time of discovery of the injury and it may commence at different times for different injuries.
In Gayton v. Lacasse, 2010 ABCA 123, the court commented that: If a permanent brain injury is qualitatively different from a concussion, that it does not matter when a cause of action arose with respect to the concussion. What is important is when the appellant first knew, or ought to have known, that she had a permanent brain injury.
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