In Manitoba, provisions of The Limitation of Actions Act permit applications for discretionary leave to bring a «late» tort action up to 30 years after
the allegedly negligent act or omission, provided leave is sought within one year of learning the material and decisive facts giving rise to the particular cause of action.
However, a problem arises when the person who caused the actual injury puts forth a defense claiming that some event occurred after the defendant's
allegedly negligent act that ultimately caused the accident.
Not exact matches
Medical malpractice claims require testimony from expert witnesses in order to articulate the relevant standard of care for the medical professional who
allegedly committed the
negligent act.
Notable mandates: Represent the plaintiffs in a proposed class action against provincial law enforcement agencies regarding
allegedly negligent use of breathalyzer machines;
acts for hundreds of pre-sale contract holders with various condominium developments who are disputing their requirement to close under consumer protection laws; defended a law firm in a four - week hearing over enforcement of a significant contingency fee agreement;
acted for a number of clients in online defamation cases
A wrongful death lawsuit is a legal claim brought against a person or persons whose
negligent act or oversight
allegedly caused the death of a close family member.
According to the Court's decision, the «commercial activity» exception to the
Act is limited to cases where the activity which constitutes the «gravamen» of the defendant's
allegedly negligent conduct is «based upon» commercial activity.