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ARTICLE · 01 MAY 2025

Beyond The Three-Year Limit: Unraveling The Prescription Puzzle

Bernier Fournier
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The limitation period for claiming this type of damage is usually three (3) years from the fault or the knowledge of the harm, as provided for in section 2925 of the Civil Code of Quebec1.

CanadaLitigation, Mediation & Arbitration
Audrey Cliche
Audrey Cliche

In a previous publication, we discussed the possibility for a person who suffered bodily harm to claim damages from a negligent party.

The limitation period for claiming this type of damage is usually three (3) years from the fault or the knowledge of the harm, as provided for in section 2925 of the Civil Code of Quebec1.

Earlier this year, in the case of Barnard v. Norris2, the Superior Court had to rule on the computation of deadlines and the extinctive prescription period in the context of this type of action.

The Barnard v. Norris case

a) Facts

In this case, Timothy Barnard (hereinafter "Barnard") alleges that he was assaulted on June 17, 2002, upon exiting a bus, by a group of three teenagers. Barnard claims to have received several blows to the face and kicks to the stomach.

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