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SCC rules Quebec municipalities not shielded from derivative claims by six-month limitation period

Friday, October 13, 2017 @ 1:40 PM | By Cristin Schmitz

The Supreme Court has ruled 5-2 that the family members of a woman murdered by her abusive ex-spouse are not time-barred from seeking compensation from the City of Montreal for the emotional distress and other personal damages they suffered as a result of the wrongful death they blame police for failing to prevent.

Justice Richard WagnerUnder Quebec law, the time to sue municipalities in respect of faults or illegalities is limited to six months, except where “bodily injury” is alleged, and then a three-year “prescriptive” (limitation)...