Knowledge Centre

THE APPLICABLE PRESCRIPTION PERIOD FOR AN ACTION BROUGHT AGAINST A MUNICIPALITY BY A “INDIRECT” VICTIM

Me Jessica Gauthier
Me Nicolas Moisan
December 2017 Stein Monast, Quebec

The Supreme Court of Canada has handed down an important decision in which it rules that the short six-month prescription period for an action brought against a Quebec municipality governed by the Cities and Towns Act1 does not apply to the family of a victim of bodily injury2.

Reminder of the facts and the question in issue

In October 2013, the family of a woman who was murdered in October 2010 sued the City of Montreal, alleging that its police officers contributed to the death through their negligence. The family members claimed damages for both moral and material injury (solatium doloris, loss of emotional support, funeral expenses).

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