Is there a limitation period for an action for trespass to the person?

Manitoba, Canada


The following excerpt is from T.L.B. et al. v. R.E.C., 2000 MBCA 83 (CanLII):

37 And in Letang v. Cooper, the issue was whether the factual situation pleaded by the plaintiff in her claim for damages for personal injuries was an action for negligence (with a three-year limitation period) or one for trespass to the person (with a six-year limitation period). Diplock L.J. observed (at p. 935): It is true that that factual situation also falls within the description of the tort of “trespass to the person”. But that, as I have endeavoured to show, does not mean that there are two causes of action. It merely means that there are two apt descriptions of the same cause of action. It does not cease to be the tort of “negligence”, because it can also be called by another name. An action founded on it is none the less an “action for negligence” because it can also be called an “action for trespass to the person”.

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