S.M. 2021, c. 44
Bill 51, 3rd Session, 42nd Legislature
The Limitations Act
Table of Contents
INTRODUCTORY PROVISIONS | ||
1 | Overview | |
2 | Definitions | |
3 | Application of this Act | |
4 | 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 | Ultimate limitation period — 15 years | |
(2) | Exception for Aboriginal claims — 30 years | |
(3) | Exception re purchasers for value — 2 years | |
11 | Date of act or omission — specific cases | |
(2) | Contribution and indemnity rule | |
12 | Burden of proof | |
SUSPENSION OF LIMITATION PERIODS | ||
13 | Minors | |
14 | Persons under a disability | |
(2) | Presumption of no disability | |
(3) | Six months' extension | |
15 | 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 | 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 | ||
19 | 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 | |
20 | 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 | |
21 | Claim of a successor | |
(2) | Claim of a principal | |
22 | Amending pleadings | |
23 | Definition of "non-judicial remedy" | |
(2) | Non-judicial remedy limited | |
24 | Agreement to extend limitation | |
(2) | Exception re ultimate limitation period | |
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 | 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 | C.C.S.M. c. J10 amended | |
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 | C.C.S.M. c. T160 amended | |
52 | C.C.S.M. c. V30 amended | |
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE |
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53 | Repeal | |
54 | C.C.S.M. reference | |
55 | Coming into force |