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When is it Too Late to Seek Compensation?

Kanata CA personal injury, family, and real estate law firm

The Ottawa injury lawyers at Connolly Nichols Allan & Snelling LLP routinely advise clients who wish to assert their rights against parties who have caused physical or financial injuries.  As a general proposition injury lawyers, Ottawa and more particularly Ontario based, must have a solid understanding of the law of limitations.  In Ontario the law of limitations is complicated, and can involve a number of different statutes.

Of great importance for people needing to assert their rights is the issue of limitation bars, due to delay in asserting a claim.  Many legal proceedings are subject to statutory limitations.  But the issue is not simple, the running of statutory limitation periods is subject to a number of qualifications, including whether the party wishing to commence a proceeding is under a legal disability ( for instance, a minor), and at what point the cause of action at issue was legally discoverable.  The issues are complex, specific to individual cases, and often require professional analysis.

The case of Zurba v. Lakeridge Health Corporation et.al. is a recent decision of the Ontario Superior Court of Justice which illustrates the complexity of determining limitation issues.  In that case the defendants sought to have the plaintiff action dismissed because it was commenced after the limitation period had expired.  The court found that the matter was not clear, that there was evidence that the plaintiff did not know the defendant was responsible for the injury until long after it had been inflicted, and that on that basis the matter could proceed for adjudication at trial.

To see the full text of this decision go to:

http://www.canlii.org/en/on/onsc/doc/2010/2010onsc318/2010onsc318.html

The message to people who have suffered a compensable injury is to not delay in seeking the advice of an injury lawyer. Ottawa based counsel at Connolly Nichols Allan & Snelling LLP are available to provide an initial consultation to prospective clients without obligation.

Connolly Nichols Allan & Snelling LLP is a law firm in Ottawa located in the West End suburb of Kanata.  Injury lawyers in our firm have experience dealing with limitation issues.  Our Ottawa Injury Lawyers have the experience, dedication and understanding needed to help you assert your rights.  If you have been injured, call us today.

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