Counsel for the respondent Antonio Munoz Castillo in Castillo v. Castillo, [2005] 3 S.C.R. 870 (S.C.C)
A husband and wife were involved in a single vehicle car accident in California. The wife brought an action against her husband in Alberta where the parties were resident within the province's two-year limitations period but after the California one-year limitations period had expired. The husband sought to have the action dismissed as statute-barred, but the wife argued that, under s. 12 of the Alberta Limitations Act, the two-year limitations period applied notwithstanding the expiry of California's one-year limitations period. Section 12 provides that "[t]he limitations law of the Province shall be applied whenever a remedial order is sought in this Province, notwithstanding that, in accordance with conflict of law rules, the claim will be adjudicated under the substantive law of another jurisdiction." The Court of Queen's Bench dismissed the wife's action as statute-barred under California law, holding that in order to maintain the action in Alberta under s. 12, neither limitation period could have expired prior to the commencement of the action. The Court of Appeal upheld the decision.