In this regard the case of Kinnoch v. Saskatchewan Cancer Foundation 1990 CanLII 7806 (SK QB), [1990] 2 W.W.R. 533, cited by the defendant for the proposition that "there is common law jurisprudence recognizing the applicability of the defence of laches to a tort claim," is of little assistance. There, a woman injured as an infant, sued some thirteen years after the expiry of her age of majority plus two year limitation. The court rejected a claim that an "unsoundness of mind" had prevented the plaintiff from bringing action during that time. The court found that the action was barred by the operation of the doctrine of laches on the basis that the defendants would be prejudiced by the passage of time and its effect on memories and the availability of witnesses and records. The court went on to observe, at page 537 that this finding was obiter: "Due to the action being barred by the [Limitation] Act, however, this determination is immaterial." The case implies nothing respecting an action brought within the period allowed infants under the Act.
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