Is there any case law where an application to renew a writ of claim for damages was brought by a plaintiff who was an infant?
British Columbia, Canada
The following excerpt is from Johnson v. Cooke, 2000 BCSC 681 (CanLII):
In Minter v. Reeves (supra), the source of the litigation was a motor vehicle accident of November 1971. The plaintiff was an infant who attained his majority sometime in 1972. The writ was issued on November 7, 1972. The application to renew was brought in May 1978. The delay was primarily a solicitor’s fault, but the plaintiff himself was not innocent of fault for the delay. The defendants’ insurer knew of the accident, but not that the plaintiff was making a claim for damages. Witnesses could not be located, and those that could be produced at trial would have to give evidence about disputed liability some eight years after the accident occurred.
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