Cape Breton judge allows civil suit to proceed

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Two accused teenagers to remain in custody for at least two more weeks | SaltWire #newsupdate #newsSYDNEY — A Cape Breton woman will have her day in court after a judge ruled she can proceed with a civil suit even though she exceeded the limitation period in serving notice of the suit.

Murphy retained lawyer Emma Adlakha in July 2018 to represent her in a personal injury claim. Adlakha collected medical information on behalf of Murphy along with informing Murphy’s insurance provider of the claim. “In the present case there were exceptional circumstances that occurred, within the period during which the plaintiff ought to have notified the defendant of the action,” said Murray.

The court also noted that from when the claim first expired in March 2021 to when a renewal claim was filed in January 2023, there had been a passage of 22 months.In its defence, General Motors said Murphy’s representative had one year to serve the claim notice and a 14-month time frame in which to file a notice of renewal.

Murray said all the medical reports are still available along with a detailed inspection report completed on the vehicle. General Motors contended there has been little disclosure on liability, such as witness statements, police reports and mechanical records.

 

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