Pleading Limitations Defence

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Is a Defendant Required to Provide Notice of Intent to Rely Upon An Expiry of a Limitations Period?

When it comes to limitations periods (also known as statutes of limitations), these are legal time limits within which a party must commence legal proceedings. Failure to initiate legal action within the prescribed time frame may result in the claim being barred.

In order to ensure that a defense pleading is accepted, it is crucial to include an allegation of the expiry of the limitation period; otherwise, the argument may face disallowance.

The Limitations Act, 2002, S.O. 2002, Chapter 24, Schedule B, is a piece of legislation in the province of Ontario, Canada. The primary purpose of this act is to establish time limits within which legal actions must be initiated. These time limits are known as “limitations periods.” The act applies to various civil claims, providing a framework for determining when a legal proceeding becomes time-barred.

Key points regarding the Limitations Act, 2002, in Ontario include:

Basic Limitation Period: The general or basic limitation period under the act is two years. This means that in most cases, a person has two years from the date they discover the claim to commence a legal action.

Discoverability: The act introduces the concept of “discoverability,” meaning that the limitation period may not start until the person bringing the claim discovers or ought to have discovered that they have a claim.

Ultimate Limit: There is an ultimate limitation period of 15 years, beyond which no action can be commenced, regardless of when the claim was discovered.

Special Rules for Specific Claims: The act includes special rules for particular types of claims, such as claims related to sexual assault or claims against municipalities.

Acknowledgment and Partial Payment: The act provides for certain exceptions to the running of the limitation period, such as acknowledgment of the claim by the party against whom the claim is made or partial payments.

Transition Provisions: The legislation includes transition provisions to address claims that arose before the act came into force.

It’s important to note that legal matters can be complex, and the application of the Limitations Act, 2002, may vary depending on the specific circumstances of each case. For accurate and up-to-date information, individuals are advised to consult us to know the latest version of the act and seek legal advice from a qualified professional familiar with Ontario’s laws.

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