1975 Bill PR 5 (Second Session) First Session, 18th Legislature, 24 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL PR

AN ACT TO PROVID,E 'FOR THE EXTEN'SION OF TIME FOR FILING A STATEMENT OF CLAIM BY HEC10R COUTURE BEYOND THE PERIOD ALLOWED BY THE LIMITATION OF ACTIONS ACT MRS. CHICHAK First Reading Second Reading ... Third Reading Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Preamble BillPR Mrs. Chichak BILL PR 5 1975 (Second Session)

AN ACT TO PROVIDE 'FOR THE EXTENSION OF TIME FOR FILING A STATEMENT OF CLAIM BY HECTOR COUTURE BEYOND THE PERIOD ALLOWED BY THE LIMITATION OF ACTIONS ACT

WHEREAS it is alleged that Hector Couture, of the City of Edmonton, ,on or about the 8th day of .June, A.D. 1973 was gravely injured when the oxygen bag that he was re­ quired to wear on one foot, pursuant to a certain prescribed medical treatment, exploded; AND

WHEREAS it is alleged that at the time of the said explosion Hector Couture was under the care and treatment of Dr. R. J. Lewis, Dr. J. T McCaffery, The Edmonton Gen­ eral Hospital and The General Hospital (Grey Nuns) of Ed­ monton, all of the City of Edmonton and hereinafter refer­ red to as the "proposed defendants"; AND

WHEREAS The Limitation of Actions Act requires that actions brought against medical practitioners for neg­ ligence must be commenced within one year from the date when the professional services terminated in respect of the subject matter that is the subject of the complaint and that actions brought against hospitals must be commenced within one year after the cause of action arose; AND

WHEREAS under the ,circumstances of the case Hector Couture did not commence an action against the said "proposed defendants" until July 8th, 1974; AND

WHEREAS the said "proposed defendants" have expressed their intention to rely on the fact that over one year has elapsed since the alleged neg},igent care and treat­ ment occurred; AND

WHEREAS Petitions have been presented by Hector Couture praying for

an Act enabling him to com­ mence an action in negligence against the "proposed de­ fendants" for damages notwithstanding the expiration of one year since the alleged negligence occurred:

Short title Authority to apply for' extension of time for action Limit of time for bringing application Coming into force

NOW THEREFORE Her Majesty, by and with the advice and consent of the Leg,islative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as The Hector Couture Extension of Limitation Act. 2. Notwithstanding any provision of The Lim,itation of Actions Act,

Chapter 209, of the Revised Statutes, and not­ withstanding the fact that more than one year has elapsed since the occurrence of the aforementioned alleged negli­ gent eare and treatment, Hector Couture may apply by way of Originating Notice of M,otion 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 question in controversy, the very right and justice of the matter and all the circumstances of the case, may in its discretion enlarge the time allowed by Sections and of The Limitation of AcUons Act for the bringing of an action by the said Hector Couture against the said Dr.

R. J. Lewis, Dr. J. T. McCaf­ fery, The Edmonton General Hospital and The General Hospital (Grey Nuns) of Edmonton. 3. No such application shall be made after expiration of sixty days from the coming into force of this Act. 4. This Act comes into force on the day upon 'Which it is assented to. 2 Title: 1975 (18th, 1st) Bill Pr5,

An Act to Provide for the Extension of Time for Filing A Statement of Claim by Hector Couture Beyond the Period Allowed by The Limitation of Actions Act