R.S.M. 1987, c. L150
The Limitation of Actions Act
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. |