Kaszyk v. Kloetstra

In Kaszyk v. Kloetstra, (1976) 1 WWR 423, 427-428, the trial court found that in order to toll the running of the statute of limitations due to disability arising from unsoundness of mind, "it is necessary to determine if the plaintiff ever was or now is under a disability sufficient to prevent him from being able to understand any instructions, directions or legal advice that might be given to him . . . ." The court further stated: Simple incapacity to appreciate the cause of action and the consequences of delay will be sufficient to constitute unsoundness of mind. This broad description will apply to sufficiently severe cases of mental defect, disease or abnormally low intelligence. This may be affected by the statutes of the relevant jurisdiction which may give some indication of conditions that will amount to unsoundness of mind, but ability to understand and act upon the cause of action will be paramount considerations. Kaszyk, supra at 432, citing Williams on Limitation of Actions in Canada at p 203. In Kaszyk, the plaintiff suffered severe brain trauma which impaired his judgment and left him unable to accurately recall things that an eight or nine-year-old child could do. Kaszyk, supra at 430. The court ruled that the plaintiff suffered from a disability at the time the cause of action accrued and tolled the running of the statute of limitations for the period of time that the plaintiff was not represented by a Public Trustee. On appeal, the appellate division affirmed the trial court's decision concluding that unsoundness of mind included a person who, through mental infirmity, is incapable of managing his affairs. Kaszyk v. Kloestra, 5 WWR 205, 207, 209 (Alta App Div, 1976).