Legal Question in Personal Injury in Canada

Regarding Negligence Cases

I am wondering how long a negligence case can go on? is there a statute of limitations that states how long one can proceed without having gone to a court of law. To this point I am referring to a case that has simply been the sending of letters back and forth between lawyers, and case discussion, however there have been no actual dates set to go to court, this has been drawn out for approaching 7 years now at a cost of over $10,000.00 and there does not seem to be any inclinition of it coming to closure! I am very concerned and want to know how long I can be kept prisionor in this case?


Asked on 9/21/05, 8:33 am

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Regarding Negligence Cases

In British Columbia there is a statute that says negligence claims must be started within 2 years(unless an infant - someone under 19 years of age - is the injured party with the claim). You do not say if the case has been filed in court, but if it has, there is no statute that says it must be concluded within any set time period. The laws vary from Province to Province, so this answer applies to B.C. only. There are many reasons why a claim can go on for several years, and you have not given enough information to allow a more exact reply. Sometimes if a case has had no action for a period of time, it can be dismissed by the Court, but again this is a general answer because not enough information has been given. You should consult a lawyer as soon as possible.

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Answered on 9/21/05, 6:30 pm


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