C.C.S.M. c. L150
The Limitation of Actions Act
1 | Definitions |
PART I | |
LIMITATION PERIODS | |
2(1) | Limitations |
(2) | Counter-claim and third party proceedings |
(3) | No limitation for Unsatisfied Judgment Fund |
2.1(1) | Definition of "assault" |
(2) | No limitation period re certain assaults |
(3) | Other limitation periods do not apply |
(4) | Limitation period in The Trustee Act applies |
3 | Section 2 subject to Part II |
4 | Provisions of this Act to prevail |
5 | Concealed fraud |
6 | Item in account |
7(1) | Persons under disability |
(2) | Time under a disability not included |
(3) | Death of person under disability |
(4) | Action during disability |
(5) | Ultimate time |
(6) | Onus of proof |
7.1 | Exception to ultimate limitation in subsection 7(5) |
8(1) | Notice to commence running of time |
(2) | Form of notice |
(3) | Giving of notice |
(4) | Actions against parents, etc. |
(5) | Person for whose benefit notice given |
(6) | Notice not admission |
(7) | Action by Public Guardian and Trustee |
(8) | Regulations |
9(1) | Subsequent acts |
(2) | Effect of written acknowledgment |
10 | Joint contractors and covenantors |
11 | Recovery against those acknowledging |
12 | Endorsements of payment insufficient |
13 | Part applies to counter-claims |
PART II | |
EXTENSION OF LIMITATION PERIOD | |
14(1) | Extension of time in certain cases |
(2) | Effect of leave |
(3) | Other defences not affected |
(4) | Ultimate limitation |
(5) | Time limit on leave to begin action |
(6) | Time limit on leave to continue action |
15(1) | Ex parte application |
(2) | Evidence required on application |
(3) | Additional requirement for leave after action begun |
16(1) | Application respecting action continued under sec. 53 of Trustee Act |
(2) | Actions under Fatal Accidents Act |
17(1) | Time limit for claiming contribution between tortfeasors |
(2) | Ascertaining when right accrued |
(3) | Time for appeal not to be calculated |
18 | Part applies to counter-claim |
19(1) | Transitional provision |
(2) | Meaning of pending action |
20(1) | Definitions |
(2) | Reference to material facts |
(3) | Nature of material facts |
(4) | Where facts deemed to be outside knowledge |
(5) | Knowledge of persons in custody of parent |
PART III | |
CHARGES ON LAND | |
21(1) | Recovery of money charged on land |
(2) | Reversion not in possession |
(3) | Effect of payment or acknowledgment |
(4) | Application of section |
(5) | Definitions |
22 | Recovery of money payable under agreement for sale of land |
23(1) | Recovery of rent and interest charged on land |
(2) | Except redemption |
24 | Recovery prior mortgagee in possession |
PART IV | |
LAND | |
25 | Recovery of land |
26 | Right accrues on dispossession |
27 | Right accrues on death of predecessor |
28 | Right accrues according to assurance |
29 | Right accrues on forfeiture |
30 | When right accrues as to future estate |
31 | Further as to future estate |
32 | Person entitled to assurance when estate barred |
33 | Where estate in possession barred, future estate barred |
34 | Where right of forfeiture not claimed |
35 | Where rent wrongfully received, right accrues on receipt |
36 | Right accrues end of first year |
37(1) | Right accrues where tenancy at will |
(2) | Exception |
38(1) | Time not to run while fraud concealed |
(2) | Saving purchaser |
39 | Acknowledgment equivalent to possession |
PART V | |
MORTGAGES OF REAL AND PERSONAL PROPERTY | |
40(1) | Where mortgagee in possession barred |
(2) | More than one mortgagor |
(3) | Acknowledgment to one where more than one mortgagee |
(4) | Where property divided |
41 | Foreclosure or sale |
42 | Payment or acknowledgment by person bound or entitled |
PART VI | |
AGREEMENTS FOR THE SALE OF LAND | |
43(1) | Actions by purchasers of land |
(2) | Payment or acknowledgment by person bound or entitled |
44 | Proceedings by vendors of land |
45 | Payments or acknowledgments by purchasers |
PART VII | |
SALE AND LEASE OF GOODS | |
46 | Interpretation |
47 | Proceedings by seller of goods |
48 | Payments or acknowledgments by purchasers of goods |
PART VIII | |
TRUSTS AND TRUSTEES | |
49(1) | Definition of "trustee" |
(2) | Actions by a beneficiary under a trust in respect of fraud, etc. |
(3) | Other actions by beneficiaries under trusts |
(4) | Judgment not to accrue to beneficiary barred |
50 | Actions in respect of personal estate of a deceased person |
51(1) | Express trust right accrues against purchaser on conveyance |
(2) | Actions to recover money charged on land |
(3) | When claim of cestui que trust not affected |
PART IX | |
GENERAL | |
52(1) | Entry not possession |
(2) | Claim not to preserve right |
(3) | Receipt of rent receipt of profits |
53 | Expiry of right of action terminates title |
54(1) | Action respecting conversion of chattel, where subsequent conversion occurs |
(2) | Termination of title to chattel on expiry of right of action |
55 | Administrator deemed claimant from death of deceased |
56 | Return to province |
57(1) | Joint debtors within province not affected |
(2) | Joint debtors outside province not released by action |
58 | Application of Act |
59 | Refusing relief on acquiescence |
60 | Interpretation |
61 | Time not to run while compromise in effect |