How can I argue that the 6 year statute of limitations should still be in force because I was incarcerated? There is an argument for being physically unable to file in the limitations Act but is there case law that I can use to allow incarceration as being unable to file?

How can I argue that the 6 year statute of limitations should still be in force because I was incarcerated? There is an argument for being physically unable to file in the limitations Act but is there case law that I can use to allow incarceration as being unable to file?


I do not believe you can. It appears to be a Statute with no exceptions. You had, in theory, the ability to contact an Attorney or begin the paperwork yourself during your time in prison.

What type of lawsuit? It is six years in every case and varies by Province:

Negligence: personal injury claims – one to two years
Intentional wrongdoing: personal injury claims – one to six years
Medical malpractice – one to four years from occurrence of injury or six months to three years from discovery of injury (exceptions apply)
Breach of oral contract – two to six years
Breach of written contract – three to six years
Claims against government entities – typically less than one year

If this is the same question you posted in May you have not been incarcerated since 2006 so I see no foundation for pleading incarceration as a reason to extend the Statute (which I don't think you can do anyway). https://www.askmehelpdesk.com/other-law/statute-limitations-civil-suits-canada-218670.html#post1053214