R.S.M. 1987, c. L150

The Limitation of Actions Act

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Table of Contents

1		Definitions.
PART I LIMITATION PERIODS
2		Limitations.
	(2)	Counter-claim and third party proceedings.
3		Section 2 subject to Part II.
4		Provisions of this Act to prevail over other provisions.
5		Concealed fraud.
6		Item in account.
7		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.
8		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 Trustee.
	(8)	Regulations.
9		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		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		Ex parte application.
	(2)	Evidence required on application.
	(3)	Additional requirement for leave after action begun.
16		Application respecting action continued under sec. 53 of Trustee Act.
	(2)	Actions under Fatal Accidents Act.
17		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		Transitional provision.
	(2)	Meaning of pending action.
20		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		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.
	(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		Right accrues where tenancy at will.
	(2)	Exception.
38		Time not to run while fraud concealed.
	(2)	Saving purchaser.
39		Acknowledgment equivalent to possession.
PART V MORTGAGES OF REAL AND PERSONAL PROPERTY
40		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		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 CONDITIONAL SALE OF GOODS
46		Interpretation.
47		Proceedings by seller of goods.
48		Payments or acknowledgments by purchasers of goods.
PART VIII TRUSTS AND TRUSTEES
49		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		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		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		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		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.