The infant respondent was seriously injured when struck by a train operated by the appellant.
The action was commenced more than three years after the accident.
The appellant argued the action was barred by the two-year limitation period in section 342(1) of the federal Railway Act.
The respondent argued the applicable limitation period was the provincial Limitation of Actions Act, which extended the time for infants.
The Supreme Court of Canada held that section 342(1) of the Railway Act is ultra vires the federal Parliament to the extent that it purports to apply to a common law action for negligence in the operation of a railway.
The establishment of general limitation periods for personal injury is not an integral part of federal jurisdiction over railways.
