Pre-Action Considerations and Conduct

Question 1

When can a claim be brought for personal injury?

Answer 1

s11 - within 3 years of
- Date cause of action accrued or
- Date knowledge of person injured

Question 2

When can a claim be brought for fatal accidents?

Answer 2

s12 - no claim if PI could no longer claim
Within 3 years of
- DOD
- Date of knowledge of dependent

Question 3

What is knowledge?

Answer 3

s14
- injury was significant
- Injury was attributable to wrongdoing
- Idwentity of D
- Wrongdoing by someone other than D - identity and additional facts

Question 4

What do courts look at when considering extensions on limitation period?

Answer 4

Conduct
Reasons for the delay
Effect of the late claim on the evidence