In what circumstances will a limitation statute be interpreted in favour of a plaintiff?
British Columbia, Canada
The following excerpt is from The Board of School Trustees of School District No. 72 (Campbell River) v. IBI Group Consultants Ltd., 2007 BCSC 280 (CanLII):
In Tardif v. Wong (2002), 213 D.L.R. (4th) 680, 2002 ABCA 121 (2002), Wittmann J.A. stated, at para. 21, that “[i]t is settled law that limitation statutes are to be strictly construed”. At para. 56, he went on to comment: If, as it appears, some inconsistency is inevitable, an interpretation which favours the plaintiff is to be preferred as limitations statutes are to be construed strictly in favour of plaintiffs.
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