In what circumstances will a cause of action be unavailable due to the passage of time?
British Columbia, Canada
The following excerpt is from Wong v. Wei, 1999 CanLII 6635 (BC SC):
Second, in Tolofson v. Jensen, legislation providing for time limitations on causes of action was in force in both jurisdictions. The relevant difference between the law in each jurisdiction was the specific time within which the actions must be brought. Thus, the notion that a cause of action may be unavailable due to the passage of time clearly accorded with basic public policy in each jurisdiction. It is otherwise here. As discussed, the B.C. legislature has elected to absolutely prohibit claims for loss of consortium, while California permits them; as such, the two laws reflect a clear difference in underlying values espoused by the legislators in each jurisdiction.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What causes of action have been struck out of a class action for breach of section 61 of the Competition Act? (British Columbia, Canada)
In what circumstances have courts accepted that a letter constitutes an acknowledgment of a cause of action? (British Columbia, Canada)
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
Can a plaintiff plead a cause of action that may be available to other persons in different circumstances? (British Columbia, Canada)
What is the standard of pleading in a personal injury action where there are several causes of action against multiple parties? (British Columbia, Canada)
Does a discount for time served under section 344(a) of the Criminal Code apply to time served time served? (British Columbia, Canada)
Can knowledge of a cause of cause be used as grounds for cause of dismissal? (British Columbia, Canada)
Can a new action be brought against the same parties in the same cause of action? (British Columbia, Canada)
In what circumstances will a statement of claim be struck as disclosing no reasonable cause of action? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
