Bill 231 — Second Session, 23Rd Legislature, 43 Elizabeth Ii the Legislative Assembly of Alberta Bill 231 Limitation of Actions Amendment Act, 1994 (Legislature 23, Session 2)

L23 S2 2243

Alberta — Bills

1994 BILL 231 Second Session, 23rd Legislature, 43 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 231 LIMITATION OF ACTIONS AMENDMENT ACT, 1994 MR. HERARD First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1994 (23rd, 2nd) Bill 231, Limitation of Actions Amendment Act, 1994

Bill 231 Mr. Herard BILL 231 1994 LIMITATION OF ACTIONS AMENDMENT ACT, 1994 (Assented to , 1994) 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 this section. 55.2 An action under sections 55 or 55.1 for negligence or malpractice by reason of professional services requested or rendered must not be commenced later than the earlier of: 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d) repealed 1986 c27 s3, (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 1

(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. 2

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. RSA 1980 cL-15 s55;1983 cO-10 s82;1984 cC-9.1 s88; 1986 c27 s3;1989 c17 s14 2 Title: 1994 (23rd, 2nd) Bill 231, Limitation of Actions Amendment Act, 1994

Document details

Collection	Alberta — Bills
Citation	L23 S2 2243
Type	bill
Volume / chapter	L23 S2 2243
Language	en
Format	json
Source	PROVINCIAL
Identifier	86857a5faa883e1c0384ce5000b77214eed264f7

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