The parties were involved in a motor vehicle accident in California.
The appellant brought an action in Alberta after the one-year California limitation period had expired, but within the two-year Alberta limitation period.
The appellant argued that s. 12 of the Alberta Limitations Act applied the Alberta limitation period to the exclusion of the California one.
The Supreme Court of Canada dismissed the appeal, holding that the substantive law of California, including its limitations law, governed the action.
Section 12 does not revive an action that is already time-barred by the substantive law of the place where the tort occurred.
