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Third Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 8

THE LIMITATION OF ACTIONS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L150 amended

1           The Limitation of Actions Act is amended by this Act.

2           The following is added after section 2:

Definition of "assault"

2.1(1)      In this section, "assault" includes trespass to the person and battery.

No limitation period re certain assaults

2.1(2)      An action for assault is not governed by a limitation period and may be commenced at any time if

(a) the assault was of a sexual nature; or

(b) at the time of the assault, the person commencing the action

(i) had an intimate relationship with the person or one of the persons alleged to have committed the assault, or

(ii) was financially, emotionally, physically or otherwise dependent on the person or one of the persons alleged to have committed the assault.

Other limitation periods do not apply

2.1(3)      Subsection (2) applies

(a) notwithstanding any other provision of this Act, including, for greater certainty, the ultimate limitation periods set out in subsections 7(5) and 14(4); and

(b) whether or not the person's right to commence the action was at any time governed by a limitation period under this or any other Act.

3           Subsection 7(5) is amended by adding "but subject to section 7.1," after "anything in this section,".

4           The following is added after section 7:

Exception to ultimate limitation in subsection 7(5)

7.1         The limitation period set out in subsection 7(5) does not apply to an action referred to in clause 2(1)(j) or (k).

Transitional: definition of "former Act"

5(1)        In this section, "former Act" means The Limitation of Actions Act as it read at any time before this Act comes into force.

Application

5(2)        Sections 2.1 and  7.1 of The Limitation of Actions Act, as enacted by this Act, apply

(a) whether an action was commenced before or after the coming into force of this Act; and

(b) even if a person acquired a vested legal right because a limitation period under the former Act, or any other Act, had expired.

Amendments revive statute-barred actions

5(3)        Sections 2.1 and  7.1 of The Limitation of Actions Act, as enacted by this Act, operate to revive a person's right to commence an action if

(a) that person had commenced an action before the coming into force of this Act;

(b)  that action was dismissed for the sole reason that a limitation period under the former Act or any other Act had expired; and

(c) the right to commence the action is not barred under The Limitation of Actions Act as amended by this Act.

No need to refer to specific matters

5(4)        The amendments made by this Act must not be construed as lacking effect in relation to a particular matter for the sole reason that they do not refer to the matter specifically.

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill makes two changes to The Limitation of Actions Act.

First, it provides that an action for assault can be commenced at any time, regardless of when the assault took place, if

  • the assault was sexual in nature;
  • the victim had an intimate relationship with a person who committed the assault; or
  • the victim was financially, emotionally, physically or otherwise dependent on a person who committed the assault.

Second, the Bill provides that a 30-year limitation period that arises if a person is or has been under a disability does not apply to specified actions.

Transitional provisions in the Bill allow specified actions to be commenced even if a limitation period that applied to the action expired, and even if a court had dismissed a previous action because a limitation period had expired.