Is a demand note valid for the purposes of the Limitation Act?
British Columbia, Canada
The following excerpt is from Barclay Const. Corp. v. Bank of Montreal, 1988 CanLII 2898 (BC SC):
In Norton v. Ellam (1837), 2 M. & W. 461, 150 E.R. 839, the question at issue was whether for the purpose of the Limitation Act time ran from the date of the note when it was a demand note or from the time of demand. Counsel for the plaintiff argued that "when a note is payable on demand, a demand is necessary before the statute can begin to run".
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