A limitation period is a stated period of time, the expiry of which extinguishes a party’s legal remedy and forbids the commencement of a legal action. Each province in Canada has general statutes of limitations and many provincial and federal statutes contain limitation periods applicable to a variety of causes of actions. Traditionally, limitation periods have been strictly enforced. More recently, the subject of when time begins to run has received greater attention from our courts.
The discoverability rule has evolved fairly recently in our civil jurisprudence.1 It gives relief in certain factual situations by extending a limitation period. According to the discoverability rule, a limitation period begins to run when the material facts upon which an action is based have been discovered, or ought to have been discovered by the plaintiff through the exercise of due diligence. The effect of the rule is to postpone the running of time until a reasonable person, in the exercise of reasonable diligence, would discover the facts necessary to maintain the action.2 It is a general rule applied to avoid injustice.
It is now over two years since the Supreme Court of Canada upheld the Ontario Court of Appeal’s decision in Peixeiro v. Haberman. Justice Major in Peixeiro adopted Taddle’s J. A.’s statement in Fehr v. Jacob (1993), 14 C.C.L.T. (2d) 200 (Man. C.A.) at 206, which is as follows:
Have you ever dreamt of winning the Lottery? Can you imagine how it must feel?… Maybe you constantly tell people that you are destined to one day win the lottery jackpot…
In a recent lottery survey, lottery jackpot winners were asked if they had ever thought the same thing. 38 % of the winners stated that they had always believed they would win the lottery, and more than half said that they had dreamt that it would happen. 51% of the lottery winners said they had always considered that they were ‘fortunate’ people.
So, could positive thinking and the law of attraction hold the key?…
Making the decision to dissolve a marriage is a very serious matter. There are a lot of factors to consider when two people who have built a life together want to go their separate ways. In a situation like this, you need to put aside emotions and think as rationally as possible. A divorce lawyer can help you do this. He or she will make sure that everything you agree to is in your best interest. After all, you need to protect your personal assets in order to keep your own future secure.
You might be wondering how you should go about choosing a divorce lawyer. You will certainly want to find someone that has experience dealing with these matters. You might check with friends or family members who have been through a divorce before. One of these people might know an attorney that they can recommend. Even if they don’t, they might still have some pertinent advice to give, such as how you should split your marital debts or what kind of custody rights you should demand. The circumstances of every marriage are different, but it can be helpful to talk to someone that has been through dissolution proceedings. This person will have at least some idea of what you are going through.
When you find a divorce lawyer that seems competent and understanding, be up front with this person about the disputes that might arise and what you hope to retain after everything is all said and done. If your attorney has a clear understanding of what it important to you, he or she can develop effective litigation strategies that will be likely to work in your favor. This will ensure that you can keep property, accounts, possessions, and other assets that will allow you to move on with your life.
Recent Nevada shooting injury tragedies in Nevada neighborhoods have cast a saddening light on the use of firearm weapons in our state. The last two months have seen an unfortunate upward trend in Nevada shooting injuries in our state, with tragic impacts on Nevada communities. First came the tragic Mother’s Day shooting that occurred when a Reno man attempted to prevent some young men from snatching a woman’s purse. His well-intentioned effort was repaid tragically as he fell victim to a fatal Nevada shooting injury.
Following that tragedy came another saddening Northern Nevada news item, a scuffle that resulted in a Nevada shooting injury to a UNR football player. Details about the June 8 incident are still murky, but it appears that a fight broke out between the athlete’s group of friends and another group of young men. After a long, colorful exchange, the second group of men drove past the athlete and fired several shots from their vehicle. One of these shots caused a Nevada shooting injury to the football player’s gut.
This last weekend, two fatal shootings were left in the wake of other Nevada shooting injuries. Although both Nevada shooting injuries occurred on the same day and both took place in Reno, these two Nevada shooting injuries appear to be of two completely different characters. The first incident we will consider took place early on the morning of July 10 and involved two men who apparently were friends. According to initial investigations, the two men were to meet in downtown Reno at a designated place and time. The man who fired the shots that caused this Nevada shooting injury was waiting for his friend when the other man appeared and startled him. The first man says that he fired several shots, and one of these dealt a fatal Nevada shooting injury to the other man.
According to scientific research, asbestos exposure can lead to the development of mesothelioma. This disease can attack the protective cell linings of certain visceral organs, causing abnormal cell growth that is more commonly referred to as cancer. When this happens, complications begin to set in and cause traumatic effects to organs affecting the entire body as well. Although the disease may be controllable, diagnosis is difficult because its symptoms are common with other diseases. Patients who are left untreated are bound to suffer more serious complications and problems.
Mesothelioma has a long latency period whereby signs and symptoms of the developing disease are usually only detected and observed several years after initial exposure. Mesothelioma is usually characterized by fatigue, mild fever, difficulty in swallowing, difficulty in breathing, and weight loss. Since these manifestations are very general, many physicians and clinicians don’t recognize this disease. Thus, it is only usually diagnosed during the late stages, when the disease has signficantly advanced.
Once diagnosed, it is essential that the patient undergo treatment immediately. But because of the severity of the disease, the cost of the treatment tends to be very overwhelming. This is where the need for a mesothelioma attorney comes in. A mesothelioma attorney is an experienced professional who has sufficient knowledge and understanding of the disease and the legalities involved. This lawyer’s responsibility is to provide adequate evidence that the development of mesothelioma is work exposure-related. In this way, patients may receive proper retribution for both their suffering and the medical expenses they have incurred due to asbestos exposure. Russell Budd, an experienced mesothelioma attorney, has a team that can provide exemplary services in asbestos litigation. His law firm, Baron and Budd, has extensive training and experience in cases involving mesothelioma. With Russell Budd’s tutelage, the firm has consistently provided legal assistance to mesothelioma patients for some thirty years. Its unique, upfront approach of handling cases mit respected above other firms. His firm was one of the first in the country to take on a mesothelioma case. akes This firm has continued to fight for the right of those who have been wrongly exposed to asbestos. Find out more about the firm and its services atbaronandbudd.com ormesotheliomanews.com.
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