Alberta’s top court dismisses appeal of employer’s limitations defence

By Lenci Kadavil (June 22, 2022, 11:49 AM EDT) -- Limitations on actions have been legislated to provide certainty to parties that cause(s) of action(s) from many years earlier would not resurface. This permits members of society to govern their affairs without the spectre of litigation hanging as a cloud over their heads. However, the two-year principle is not absolute. Both the common law and the legislation, in general, dictate that a limitations period cannot run until the claimant could reasonably discover an injury, particularly when it is the actions of the defendant that delays discovery of the very injury the claimant is required to pursue....