Bill ID 5132 (Legislature 17, Session 1)

L17 S1 5132

Alberta — Bills

1972 Bill Pro First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL Pre

An Act to Provide for an Extension of Time for Commencing an Action Beyond the Period Allowed by the Limitation of Actions Act. MR. FARRAN First Reading Second Reading .. Third Reading ........................ . Printed by L. S. Wall, Queen's Printer, Edmonton

Preamble Extension of time to commence action BILL Pre 8

AN ACT TO PROVIDE FOR AN EXTENSION OF TIME FOR COMMENCING AN ACTION BEYOND THE PERIOD ALLOWED BY THE LIMITATION OF ACTIONS ACT. ( Assented to ,1972)

WHEREAS Thelma Thompson Baxter, of the City of Calgary, suffered injury as a result of a surgical operation or about the 4th day of March, 1964; AND

WHEREAS The Limitation of Actions Act pro vides that (except as provided in sections to of that Act) an action against a duly qualif.ied medical practitioner registered under The Medical Profession Act for negli gence or malpractice by reason of professional services re quested or rendered may be commenced within one year from the date when the professional services terminated in respect of the matter that is the subject of the com plaint; AND

WHEREAS Thelma Thompson Baxter has com menced an action against the medical practitioner who per formed the surgical operation for personal inj uries arising from that operation; AND

WHEREAS the time within which the said action must be commenced has expired pursuant to the provisions of The Limitation of Actions ~4ct; AND

WHEREAS a Petition has been presented by Thel ma Thompson Baxter praying for

an Act enabling her to commence an action to recover damages for the said per sunal injuries, notwithstanding the expiration of time un der The Limitation of Actions Act, and it is expedient to grant the prayer of the said Petition;

NOW THEREFORE Her Majesty, by and with the ad vice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. Notwithstanding any provision of The Limitation of Actions Act, the said Thelma Thompson Baxter may apply by way of Originating Notice of Motion to a Judge of the Supreme Court of Alberta, in Chambers, and on hearing of the said Motion, the Court, having regard to the real ques tion in controversy, the very right and justice of the mat- Time for application Coming Into force ttr and all the circumstances of the case, may in its discre tion enlarge the time allowed by

section of The Limita tion of Actions Act for the bringing of an action by the said Thelma Thompson Baxter for damages for personal inj uries arising from a surgical operation performed on her on or about the 4th day of March, 1964. 2. No such application shall be made after the expira tion of 60 days from the coming into force of this Act. 3. This Act comes into force on the day upon which it is assented to. 2 Title: 1972 (17th, 1st) Bill Pr8,

An Act to Provide for an Extension of Time for Commencing an Action Beyond the Period Allowed by the Limitation of Actions Act

Document details

Collection	Alberta — Bills
Citation	L17 S1 5132
Type	bill
Volume / chapter	L17 S1 5132
Language	en
Format	json
Source	PROVINCIAL
Identifier	1eff142f8cd43aca85d29c997aecff244f7126b8

Source file is stored in the law ingest library (json).