Have you been involved in a motor vehicle accident or been injured in a fall? Whether you sustained a minor injury or a more severe injury, such as a head trauma, a fracture or a spinal cord injury, you usually have two years to file a lawsuit in New Brunswick under the Limitation of Actions Act. That period, commonly known as the limitation period, was extended in accordance with an order by the provincial Minister of Public Safety under the Emergency Measures Act.
On March 19, 2020, a state of emergency was declared in New Brunswick due to risks to the health and safety of the public. The provincial Minister of Public Safety, the honorable Carl Urquhart, announced that effective March 19, 2020, the operation of the provisions of any act, regulation, rule, municipal by-law or ministerial order that establish limitation periods are suspended. The said suspension will end no later than 90 days after the state of emergency ends.
How does it affect your file? If your limitation period has expired between March 19, 2020 and the end of the state of emergency, you will have 90 days following the end of the state of emergency to file a lawsuit. The Renewed and revised Mandatory Order Covid-19 provides the following:
29. On the recommendation of the Attorney General, retroactive to March 19, 2020, the operation of the provisions of any act, regulation, rule, municipal by-law or ministerial order that establish limitation periods for commencing any proceeding before a court, administrative tribunal or other decision-maker is hereby suspended.
30. On the recommendation of the Attorney General, retroactive to March 19, 2020, the operation of the provisions of any act, regulation, rule, municipal by-law or ministerial order that establish limitation periods for taking steps in any proceeding before a court, administrative tribunal or other decision-maker is hereby suspended.
31. Paragraphs 29 and 30 will cease to have effect no later than 90 days after the state of emergency ends.
Some exceptions apply. The text of this blog does not replace the need to discuss the specificity of your case. Failure to file a lawsuit within the applicable limitation period will prevent you from recovering compensation from the at-fault party.
It is important that you consult a lawyer immediately to discuss the effect of this suspension on your personal injury claim. Our lawyers at Fidelis Law will be able to guide you in this regard.
