Is there a cause of action for damages arising from the date of time running out?

Alberta, Canada


The following excerpt is from Gray v. Karp, 1990 CanLII 5924 (AB QB):

As of the date of this decision the time has run out, but subsequent facts cannot operate retrospectively to give a cause of action as of an earlier date. That point is made in Medicine Hat Mall v. Kerrybrooke Development (C.A., Calgary 10131 and 10227, June 20, 1988), where the court says: “This case is further complicated by the lack of proper initiating documents. The order was granted on a motion that expresses itself as an interlocutory motion in the 1984 action. It is trite law that one cannot seek relief in a suit for events arising after the suit has been commenced. This case calls for a new suit and no new suit has been commenced.” (emphasis mine)

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