Limitation

Question 1

Contract

Answer 1

6 years from when breach occured

Question 2

Tort

Answer 2

6 years after cause of action accured, ie suffered actionable damage

Question 3

Latent damages limitation?

Answer 3

Act of negligence can cause damage that claimant is not aware of for long time

Limitation period extended to later of
- 6 years from when cause of action accrued
- 3 years from knowledge of damage

Claimant needs to know material facts about the damage

(Does not apply to personal injury)

Question 4

Limitation long stop period

Answer 4

15 years

Question 5

Personal injury limitation

Answer 5

3 years of date when cause of action accrued, or when date of knowledge of person injured

Knowledge - injury was significant and attributable to defendant’s actions

Question 6

Fatal accident limitation

Answer 6

Can claim against employer within 3 years of - date of death or date of knowledge of dependent

Question 7

Enforce judgment limitation period

Answer 7

6 years

Question 8

Effect of fraud, concealment or mistake on limitation period

Answer 8

Period does not start to run until claimant discovers