Bill 209 — Third Session, 23Rd Legislature, 44 Elizabeth Ii the Legislative Assembly of Alberta Bill 209 Limitation of Action S Amendment Act, 1995 (Legislature 23, Session 3)

L23 S3 2126

Alberta — Bills

1995 BILL 209 Third Session, 23rd Legislature, 44 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 209 LIMITATION OF ACTION S AMENDMENT ACT, 1995 MR. HERARD First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1995 (23rd, 3rd) Bill 209, Limitation of Actions Amendment Act, 1995

Bill 209 Mr. Herard BILL 209 1995 LIMITATION OF ACTIONS AMENDMENT ACT, 1995 (Assented to , 1995) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Limitation of Actions Act is amended by this Act. 2

Section 55 is amended by striking out all the words that follow clause (

f) and substituting the following: "shall be subject to the limitation periods in

section 55.2." 3 The following is added after

section 55: 55.1 Except as provided in sections 57 to 61, an action against (

a) an engineer, geologist or geophysicist registered under the Engineering Geological & Geophysical Professions Act, or (

b) an architect registered under the Architects Act, shall be subject to the limitation periods in

section 55.2. 55.2 An action under sections 55, 55.1 or 56 for negligence or malpractice by reason of professional services 1

Explanatory Notes 1 Amends

chapter L-15 of the Revised Statutes of Alberta 1980. 2

Section 55 presently reads: 55 Except as provided in sections 57 to 61, an action against (

a) a physician registered under the Medical Profession Act, (

b) a dentist registered under the Dental Profession Act, (

c) a registered member, registered practitioner or professional corporation under the Chiropractic Profession Act, (

d) repealed 1986 c27 s3, (

e) a podiatrist registered under the Podiatry Act, or (

f) an optometrist registered under the Optometry Profession Act, for negligence or malpractice by reason of professional services requested 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 complaint, and not afterwards. 1

requested or rendered must not be commenced later than the earlier of: (a) 2 years after the date on which the claimant first knew, or in the circumstances ought to have known, (

i) that the injury for which relief is claimed had occurred, (ii) that the injury was to some degree attributable to the conduct of the defendant, and (iii) that the injury, assuming liability on the part of the defendant, was sufficiently serious to have warranted bringing a proceeding, or (b) 7 years after the cause of action first arose which shall be deemed to be the date of substantial performance of the professional services for which relief is claimed. 4

Section 56 is amended by striking out "may be commenced within one year after the cause of action arose and not afterwards." and substituting "shall be subject to the limitation periods in

section 55.2.". 5 Sections 2, 3 and 4 apply with respect to an action commenced after the date sections 2, 3 and 4 are proclaimed in force. 6 This Act comes into force on Proclamation. 2

Section 56 presently reads: 56 Except as provided in sections 57 to 61, an action against an approved hospital within the meaning of the Hospitals Act in inspect of negligence in providing a service in that hospital may be commenced within one year after the cause of action arose and not afterwards. 2 Title: 1995 (23rd, 3rd) Bill 209, Limitation of Actions Amendment Act, 1995

Document details

Collection	Alberta — Bills
Citation	L23 S3 2126
Type	bill
Volume / chapter	L23 S3 2126
Language	en
Format	json
Source	PROVINCIAL
Identifier	69958111c7c7eaad95effb82cbfce856785e710b

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