LIMITATION OF ACTIONS - Time - Discoverability

Law360 Canada ( July 24, 2018, 8:50 AM EDT) -- Motion by the defendant for leave to amend its statement of defence and for summary judgment to dismiss the plaintiff’s claim as time-barred. The plaintiff’s 2015 action sought damages for negligence and breach of fiduciary duty arising from an incident at a Canadian Forces Base in 1974 where a live grenade was accidentally pulled by a teenage cadet during a training session. Six cadets died and 65 others were injured. The plaintiff, who was 15 years old at the time, was not listed among the injured, did not receive medical treatment and was not hospitalized. The officer in charge of the training session was acquitted of a charge of criminal negligence causing death in 1977. In 2016, the Department of National Defence introduced a program to provide financial recognition and health care support to the former cadets who were present when the grenade exploded. The statement of defence had always alleged the action was time-barred. The defendant sought to add the specific allegation the claim was barred by the limitation period in s. 269(1) of the National Defence Act.  ...
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