Is a claim for mesne profits subject to the limitation period?
British Columbia, Canada
The following excerpt is from Veness v. Kamloops et al, 2000 BCSC 1042 (CanLII):
In the alternative, the Province submits that if the claim for mesne profits is not tied to a claim for recovery of property, it is a claim in tort that is subject to the two year limitation period. (See Minaker v. Minaker, 1949 CanLII 6 (SCC), [1949] S.C.R. 397.) I find it unnecessary to decide this issue in view of my decision on this claim. 3. Damages for trespass
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the limitation period for a plaintiff to claim after furnishing reasonably sufficient proof of loss for claim? (British Columbia, Canada)
Is estoppel permitted to be used to extend or postpone the limitation period contained in the Limitation Act? (British Columbia, Canada)
What is the limitation period for an application to amend a statement of claim? (British Columbia, Canada)
What is the ultimate limitation period under the former Limitation Act? (British Columbia, Canada)
What constitutes a plaintiff’s “means of knowledge” in a claim against all defendants within the limitation period? (British Columbia, Canada)
Can an application to dismiss a claim as time barred by the operation of a statutory limitation period be properly brought? (British Columbia, Canada)
What is the limitation period for a plaintiff to seek a postponement of their claim? (British Columbia, Canada)
What is the limitation period for issuing a writ of claim? (British Columbia, Canada)
What is the limitation period for a claim for breach of fiduciary duty? (British Columbia, Canada)
