What is the current state of the law on limitation periods?

British Columbia, Canada


The following excerpt is from Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2008 BCCA 278 (CanLII):

In our view, the purpose of limitations legislation is not as one-sided as the defendants suggest. In Novak v. Bond, 1999 CanLII 685 (SCC), [1999] 1 S.C.R. 808, 172 D.L.R. (4th) 385, Madam Justice McLachlin, speaking for the majority, sums up the contemporary view of limitation periods at para. 67 of her reasons as follows: The result of this legislative and interpretive evolution is that most limitations statutes may now be said to possess four characteristics. They are intended to: (1) define a time at which potential defendants may be free of ancient obligations, (2) prevent the bringing of claims where the evidence may have been lost to the passage of time, (3) provide an incentive for plaintiffs to bring suits in a timely fashion, and (4) account for the plaintiff’s own circumstances, as assessed through a subjective/objective lens, when assessing whether a claim should be barred by the passage of time. To the extent they are reflected in the particular words and structure of the statute in question, the best interpretation of a limitations statute seeks to give effect to each of these characteristics.

Other Questions


What is the current state of the law regarding the limited purposes for which clinical records are admissible? (British Columbia, Canada)
What is the current state of the law in Canada when a contract states that a particular law governs the contract? (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 current state of the law in the United States in relation to disclosure to the Canadian authorities regarding Charter of Rights and Freedoms? (British Columbia, Canada)
What is the current state of the law in Canada for non-Canadian citizens who are not citizens of the United States? (British Columbia, Canada)
What is the limitation period under the Limitation Act? (British Columbia, Canada)
What is the ultimate limitation period under the former Limitation Act? (British Columbia, Canada)
What is the current limitation period for medical malpractice cases? (British Columbia, Canada)
What is the limitation period under the current legislation? (British Columbia, Canada)
What is the current state of the law on the issue of "reasonableness" under a percentage fee agreement? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.