3rd Session, 42nd Legislature
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Bill 51
| Section | Table of Contents |
| INTRODUCTORY PROVISIONS | |
| 1 | Overview |
| 2 | Definitions |
| 3 | Application of this Act |
| 4(1) | Relationship to other Acts |
| (2) | Conflict with another Act |
| 5 | Act binds the Crown |
| BASIC LIMITATION PERIOD | |
| 6 | Basic limitation period — 2 years from discovery |
| 7 | When is a claim discovered? |
| 8 | Date of injury, loss or damage — specific cases |
| 9 | Burden of proof |
| ULTIMATE LIMITATION PERIOD | |
| 10(1) | Ultimate limitation period — 15 years |
| (2) | Exception for Aboriginal claims — 30 years |
| (3) | Exception re purchasers for value — 2 years |
| 11(1) | Date of act or omission — specific cases |
| (2) | Contribution and indemnity rule |
| 12 | Burden of proof |
| SUSPENSION OF LIMITATION PERIODS | |
| 13 | Minors |
| 14(1) | Persons under a disability |
| (2) | Presumption of no disability |
| (3) | Six months' extension |
| 15(1) | Notice to proceed — definition |
| (2) | Notice to proceed re minor or person under a disability |
| (3) | To whom notice is given |
| (4) | Notice to Public Guardian and Trustee |
| (5) | Requirements for notice |
| (6) | How notice is given |
| (7) | Notice benefits only the potential defendant |
| (8) | No admission of liability |
| (9) | No application to certain claims |
| 16 | Role of Public Guardian and Trustee re notice to proceed |
| 17 | Wilful concealment, etc. |
| NO LIMITATION PERIOD | |
| 18(1) | Claims with no limitation period |
| (2) | Sexual assault, etc. |
| (3) | Revival of right to claim re sexual assault, etc. |
| (4) | Limitation period in Trustee Act applies |
| (5) | Definition of "assault" |
| RULES FOR SPECIFIC CIRCUMSTANCES | |
| Recovery of Land | |
| 19(1) | Definitions |
| (2) | Purpose |
| (3) | Limitation on right to recovery |
| (4) | Land subject to present interest |
| (5) | Lease for fixed term |
| (6) | Dispossession by a tenant |
| (7) | Expiry of limitation terminates title |
| (8) | Basic limitation does not apply |
| Acknowledgment of Liability | |
| 20(1) | Acknowledgment of liability extends limitation |
| (2) | Requirements for acknowledgment |
| (3) | Partial payment of debt |
| (4) | Payment of debt — promise to pay not required |
| (5) | Claim for interest |
| (6) | Security agreements and collateral |
| (7) | Trustee |
| (8) | Personal property |
| Successors, Principals and Agents | |
| 21(1) | Claim of a successor |
| (2) | Claim of a principal |
| Amending Pleadings | |
| 22 | Amending pleadings |
| Miscellaneous | |
| 23(1) | Definition of "non-judicial remedy" |
| (2) | Non-judicial remedy limited |
| 24 | Agreement to extend limitation |
| 25 | Limitation during stay of proceedings re bankruptcy, etc. |
| 26 | Rules of equity re acquiescence and undue delay not affected |
| 27 | Conflict of laws |
| TRANSITIONAL | |
| 28 | Transitional — definition of "former Act" |
| 29 | Proceeding commenced under former Act |
| 30 | Expiry of former limitation |
| 31(1) | Claims to which this section applies |
| (2) | Exception |
| (3) | Claim discovered under former Act |
| (4) | Claim discovered under this Act |
| (5) | No former limitation period |
| CONSEQUENTIAL AMENDMENTS | |
| 32 | C.C.S.M. c. C100 amended |
| 33 | C.C.S.M. c. D30 amended |
| 34 | C.C.S.M. c. D34 amended |
| 35 | C.C.S.M. c. F15 amended |
| 36 | C.C.S.M. c. F50 amended |
| 37(1) | C.C.S.M. c. J10 amended |
| (2) | |
| (3) | |
| 38 | C.C.S.M. c. J39 amended |
| 39 | C.C.S.M. c. L125 amended |
| 40 | C.C.S.M. c. M100 amended |
| 41 | C.C.S.M. c. N80 amended |
| 42 | C.C.S.M. c. O5 amended |
| 43 | C.C.S.M. c. O55 amended |
| 44 | C.C.S.M. c. P60 amended |
| 45 | C.C.S.M. c. P65 amended |
| 46 | C.C.S.M. c. P93 amended |
| 47 | C.C.S.M. c. R30 amended |
| 48 | C.C.S.M. c. R39 amended |
| 49 | C.C.S.M. c. R45 amended |
| 50 | C.C.S.M. c. R117 amended |
| 51(1) | C.C.S.M. c. T160 amended |
| (2) | |
| (3) | |
| 52 | C.C.S.M. c. V30 amended |
| REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 53 | Repeal |
| 54 | C.C.S.M. reference |
| 55 | Coming into force |