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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 | |