CASE NO. VOL. NO. PAGE
Cite as: K.A.S. v. J.S.R., 1999 NSCA 110
K. A. S. - and - J. S. R.
Appellant Respondent
C.A. No. 135551 Halifax ROSCOE, J.A.
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Editorial Notice
Identifying information has been removed from this electronic version of the library sheet. |
APPEAL HEARD: May 30, 1997
JUDGMENT DELIVERED: May 30, 1997
WRITTEN RELEASE OF ORAL: June 9, 1997
SUBJECT: Limitations of Actions, discoverability, Civil Procedure
SUMMARY: The appellant brought an application in the Supreme Court pursuant to s. 3(2) of the Limitations of Actions Act requesting the court to disallow the limitation defence filed by the respondent. The application was dismissed and the Chambers judge dismissed the appellant's action for assault.
ISSUE: Whether the Chambers judge erred in dismissing the application, or alternatively, whether he erred in dismissing the action.
RESULT: The Chambers judge did not err in determining on the evidence when the appellant had a substantial awareness of the harm caused by the sexual assault. Appeal from the decision dismissing the application to disallow the defence was dismissed. However, the Chambers judge should not have dismissed the appellant’s action and to that extent the appeal was allowed.
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THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT FROM THIS COVER SHEET. THE FULL COURT DECISION CONSISTS OF 5 PAGES. |