Limitation Periods

Question 1

what happens if a claim is not commenced within the limitation period?

Answer 1

D has full defence

C will be barred from recovering damages

Question 2

limitation period for contract

Answer 2

6 years after the date on which the cause of action accrued (date of breach of contract)

Question 3

limitation period for tort

Answer 3

6 years after the date on which the cause of action accrued (date of actionable damage)

Question 4

limitation period for personal injury claims

Answer 4

3 years from the latest of:

1) date of actionable damage, or

2) date of knowledge of the injured party

Question 5

what is the date of knowledge? (3)

Answer 5

the date when C knew or ought to have known through reasonable endeavours the facts of all following 3 matters:

1) the injury was significant

2) the injury was attributable to the defendant

3) the defendant’s identity

Question 6

can the limitation period for personal injury claims be extended?

Answer 6

yes

court can extend the time if it would be equitable

looking at parties’ conduct, reason for delay, and effect of delay on evidence

balancing the prejudice to C caused by limitation period against prejudice to D in allowing the claim

Question 7

what is the limitation period for dependants of a deceased bringing a claim for their death?

Answer 7

dependant can bring a claim if:

1) the claim can hypothetically still be brought by the deceased (3 year period from date of actionable damage did not pass yet)

and

2) brought within 3 years of the later of (1) date of death and (2) date of knowledge of dependant

(court can extend the time)

Question 8

what is the limitation period for someone that is liable for damages bringing a claim of contribution from another person?

Answer 8

within 2 years of the date that the right to recover contribution first arose

Question 9

latent damages for negligence (non-PI cases) limitation period

Answer 9

latent damages = if facts are not known at the date of accrual, the limitation period is extended to the later of:

1. 6 years from when the cause of action accrued

or

2. 3 years from when C had the requisite knowledge (had the material facts about the damage or ought to have known from experts, observation …)

BUT THIS IS SUBJECT TO A LONG-STOP LIMITATION DATE OF 15 YEARS FROM THE LAST NEGLIGENT ACT/OMISSION CAUSING THE LOSS

Question 10

what is the limitation period for a claim to enforce judgements?

Answer 10

6 years from when the judgement became enforceable

Question 11

when is the limitation period extended to when C suffers from disability or is a minor?

Answer 11

limitation period starts to run from when the disability ends

limitation period is:

• 2 years for contribution claims
• 3 years for PI/death claims
• 6 years for all other claims

Question 12

when does the limitation period start to run where a claim is based on a fraud, D concealed a fact, or action is due to a mistake?

Answer 12

limitation does not start running until the claimant discovered the fraud, concealment, or mistake

or could with reasonably diligence have discovered it

Question 13

in what cases does the limitation period not start running unless and until the claimant actually knows the facts (as opposed to have reasonably been able to acquire the facts)?

Answer 13

fraud, concealment by D, or mistake

Question 14

how can a party stop a limitation period from running?

Answer 14

by issuing the claim form