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Plante v Darling 2023 ABKB 335: A caution on the Limitations Act, RSA 2000, c. L-12

November 27, 2023

In Plante v Darling 2023 ABKB 335, a summary trial was held with respect to a tragic accident that occurred on October 1, 2015. Mr. Plante, the Plaintiff did not issue a Statement of Claim in respect of the motor vehicle accident against the Defendants until October 31, 2017. The Statement of Claim plead damages for cognitive disturbances, depression and anxiety. The first issue in the summary trial was whether the Plaintiff’s injuries arose from the use or operational of the vehicle pursuant to the Motor Vehicle Accident Claims Act. The second issue was whether Mr. Plante’s claim was statute barred by the Limitations Act.

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