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 |