What is the ultimate limitation of leave to begin or to continue an action?

Manitoba, Canada


The following excerpt is from Rarie v. Maxwell, 1998 CanLII 17675 (MB CA):

An ultimate limitation is established. Leave to begin or to continue an action cannot be granted “more than 30 years after the occurrence of the acts or omissions that gave rise to the cause of action” (s. 14(4)). This limitation is consistent with the ultimate limitation that applies to an action brought by a person under a disability (s. 7(5)). In Bera v. Marr (1986), 1986 CanLII 173 (BC CA), 1 B.C.L.R. (2d) 1, 27 D.L.R. (4th) 161 (C.A.), Esson J.A., writing for the majority, commented upon a similar ultimate limitation in the Limitation Act, R.S.B.C. 1979, c. 236. He wrote (at p. 27): A significant part of the “balance” created by ss. 6, 7 and 8 [the statutory discoverability provisions] is that the 30-year ultimate limitation is long enough so that no action by an infant can be barred before he comes of age and other actions falling within ss. 6 and 7 cannot be ultimately barred for more than a generation.

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