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The Limitation of Actions Act

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