By:
Edward ConroyAm I out of time?
Time limits are the Red sea of the law, sometimes drowning us, sometimes drowning those
who are chasing us, as the Bible describes it.
And even if we are careful about time limits, they are very confusing and often
changing.
For instance, injury or loss caused by a railway has a two year limitation. Unless the
railway is provincial, then, one year. But provincial railways include the Toronto Transit
Commission, subways, street cars and buses. Other buses will usually have the two year
restriction you and I face if we are injured or cause injury or loss. I would say this is
very confusing.
Allowing pollution is an offence, but such things as the odors and noises are thought
to be pollution. Prosecutions for pollution are restricted to two years. But a new federal
Environmental Protection Act is about to be passed with what time frames, who knows.
Should you, a driver, be stopped by a police officer you can only be asked to blow into
his "roadside" machine "forthwith". Back at the police station the
same officer may have up to two hours to require a breath sample.
Depending on where you fall, injuries from that fall may give you up to six years to
sue or, in a municipal setting, as little seven days to give notice.
In the car accident situation, you have two years to sue a negligent driver for serious
injuries, but only one year to sue your own insurance company for wage replacement or
repairs to your motor vehicle.
Doctors and hospitals benefit from a one-year limitation in situations of alleged
negligence.
Building or repairing someones house requires action within 45 days of your last
work.
Th question, am I out of time?, is not an easy one to answer. I can tell you, if your
lawyer is negligent, you have six years to sue.