5.1 Minors
(a) "guardian" means a parent or guardian having actual
custody of a minor;
(b) "potential defendant" means a person against whom a minor
may have a claim.
(2) Except as otherwise provided in this section, the operation of
limitation periods provided by this Act is suspended during the
period of time that the claimant is a minor.
(3) A potential defendant may cause the limitation periods
provided by this Act to run against a minor by
(a) delivering a notice to pro ceed in the prescribed form to
(i) a guardian of the minor, if the minor has a guardian, and
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(ii) the Public Trustee,
and
(b) paying the Public Tru stee's prescribed fee.
(4) Where a potential defendant has complied with subsection (3),
the notice to proceed takes effect and the limitation periods
provided by this Act begin to run
(a) on the date the notice to p roceed is received by the Public
Trustee, which must be shown in the notice delivered by the
Public Trustee under subsection (6)(a) or (b), or
(b) on the date determined by an order of a judge under
subsection (7) or (8).
(5) Where a potential defendant delivers a notice to proceed to the
Public Trustee under subsection (3) and pays the Public Trustee's
prescribed fee, the Public Trustee must
(a) if the claimant has a guard ian, make such inquiries as the
Public Trustee considers necessary and practicable
regarding the ability and intention of the claimant's
guardian to act in the best interest of the minor regarding the
claim, or
(b) if the claimant does not hav e a guardian, apply to a judge of
the Court of King's Bench, on notice to such persons as may
be directed or approved by the judge, for directions.
(6) After making the inquiries referred to in subsection (5)(a), the
Public Trustee must do one of the following:
(a) if satisfied as to the gua rdian's ability and intention to act in
the best interest of the minor regarding the claim, deliver to
the potential defendant and the guardian a notice in the
prescribed form of the Public Trustee's decision not to
intervene in the matter;
(b) with the consent of the claimant's guardian, deliver to the
potential defendant a notice in the prescribed form stating
that the Public Trustee intends to act as litigation
representative of the minor in relation to the claim;
(c) if for any reason the Pub lic Trustee thinks it necessary or
appropriate to do so, apply to a judge of the Court of King's
Bench, on notice to such persons as may be directed or
approved by the judge, for directions.
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(7) On an application under subsection (5)(b), a judge may make
an order
(a) directing the Public Trustee to take no further steps in the
matter and stipulating that the limitation periods provided
by this Act continue to be suspended with respect to the
minor despite subsection (3), or
(b) doing all of the following:
(i) stipulating that the limitation periods provided by this
Act begin to run against the minor on a date specified in
the order;
(ii) authorizing and directing the Public Trustee to act as
litigation representative of the minor;
(iii) giving such authority a nd directions to the Public
Trustee and any other person as may be necessary to
ensure that the Public Trustee may effectively prosecute
the claim on behalf of the minor.
(8) On an application under subsection (6)(c), a judge may make
an order
(a) directing the Public Trustee to take no further steps in the
matter and stipulating that the limitation periods provided
by this Act
(i) begin to run against the minor on a date specified in the
order, or
(ii) continue to be suspended with respect to the minor
despite subsection (3),
or
(b) doing all of the following:
(i) stipulating that the limitation periods provided by this
Act begin to run against the minor on a date specified in
the order;
(ii) authorizing and directing the Public Trustee to act as
litigation representative of the minor;
(iii) giving such authority a nd directions to the Public
Trustee, guardian, if any, and any other person as may
be necessary to ensure that the Public Trustee may
effectively prosecute the claim on behalf of the minor.
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(9) On an application by the Public Trustee under subsection (5)(b)
or (6)(c), a judge may consider
(a) the apparent seriousness of the minor's injury;
(b) the apparent legal merits of the claim;
(c) the views of the Public Tru stee and the guardian, if any, as
to whether the minor's best interest will be better served by
pursuing or by not pursuing the claim;
(d) the view of the minor regarding the claim, where the judge
considers that the minor is able to appreciate the nature of
the issue;
(e) where the guardian or the minor is opposed to pursuing the
claim, the apparent likelihood that the Public Trustee would
be able to prosecute the claim effectively as litigation
representative;
(f) whether directing the Public Trustee to take no further steps
and stipulating that the limitation periods provided by this
Act continue to be suspended with respect to the minor is
likely to cause serious prejudice to either the minor or the
potential defendant, having regard to any matters that the
judge considers relevant, including
(i) the minor's age,
(ii) whether the minor will be, or is likely to be, a person
under disability on becoming an adult,
(iii) whether it would be prac ticable to preserve relevant
evidence during the period the limitation periods would
be suspended, and
(iv) any harm that may be suffered by the minor as a result of
any delay in recovering compensation to which the
minor may be entitled;
(g) any other matters the judge considers relevant.
(10) Where the Public Trustee makes an application to the Court
of King's Bench under this section, no costs may be awarded
against any party to the application.
(11) Subsection (4) operates only in favour of a potential
defendant on whose behalf the notice to proceed is delivered and
only with respect to a claim arising out of the circumstances
specified in the notice.
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(12) A notice to proceed delivered under this section is not an
acknowledgment for the purposes of this Act and is not an
admission for any purpose.
(13) Subsections (3) to (12) do not apply where the potential
defendant is a guardian of the minor.
(14) Under this section, the claimant has the burden of proving that
at any relevant point in time the claimant was a minor.
(15) The Minister may make regulations prescribing
(a) the form, contents and mode of a delivery of a notice to
proceed or any other notice referred to in this section;
(b) the fee to be paid by a potential defendant under subsection
(3)(b).
(16) This section applies where a claimant seeks a remedial order
in a proceeding commenced after this section comes into force,
regardless of when the claim arises, except that a defendant who
would have had immunity from liability for a claim if the
proceeding had been commenced immediately before this section
came into force continues to have immunity from liability for that
claim.
2002 c17 s4;2009 c53 s99;2011 c14 s16;2017 c22 s33;AR 217/2022