Limitations Act, 2000 Flaherty, Hon. Jim Attorney General — Bill 163 (37th Parliament, 1st Session)

Bill 163, 37-1

Ontario — Bills

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Bill 163, Limitations Act, 2000

Flaherty, Hon. Jim Attorney General

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[37] Bill 163 Original (PDF)

Bill 163

Bill 1632000

An Act to revise the

Limitations Act

CONTENTS

Definitions and Application

Definitions

Application

Crown

Basic Limitation Period

Basic limitation period

Discovery

Minors

Incapable persons

Litigation guardians

Appointment of litigation guardian on motion by potential defendant

Assaults and sexual assaults

Attempted resolution

Successors

Acknowledgments

Notice of possible claim

Ultimate Limitation Periods

Ultimate limitation periods

No Limitation Period

No limitation period

Undiscovered environmental claims

General Rules

Contribution and indemnity

Other Acts

Variation of time limits

Adding party

Agreements

Conflict of laws

Transition

Amendments and Repeals

Various Acts amended

Limitations Act amended

Business Corporations Act amended

Certification of Titles Act amended

Consumer Reporting Act amended

Co-operative Corporations Act amended

Corporations Act amended

Credit Unions and Caisses Populaires Act, 1994 amended

Electricity Act, 1998 amended

Environmental Bill of Rights, 1993 amended

Environmental Protection Act amended

Estates Act amended

Family Law Act amended

Highway 407 Act, 1998 amended

Insurance Act amended

Land Titles Act amended

Loan and Trust Corporations Act amended

Municipal Act amended

Public Lands Act amended

Public Transportation and Highway Improvement Act amended

Reciprocal Enforcement of Judgments Act amended

Solicitors Act amended

Victims' Right to Proceeds of Crime Act, 1994 amended

Amendments respecting Remedies for Organized Crime and Other Unlawful

Activities Act, 2000

Commencement

Short title

Schedule

_____________

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Definitions and Application

Definitions

1. In this Act, "

adverse effect" has the same meaning as in the Environmental

Protection Act\; ("consquence prjudiciable") "

assault" includes a battery; ("voies de fait") "

claim" means a claim to remedy an injury, loss or damage that occurred as

a result of

an act or omission; ("rclamation") "

contaminant" has the same meaning as in the Environmental Protection

Act\; ("contaminant") "

discharge" has the same meaning as in the Environmental Protection

Act\; ("rejet", "rejeter") "

environmental claim" means a claim based on

an act or omission that

caused, contributed to, or permitted the discharge of a contaminant into the

natural environment that has caused or is likely to cause an adverse effect;

("rclamation relative l'environnement") "

natural environment" has the same meaning as in the Environmental

Protection Act. ("environnement naturel")

Application

(1) This Act applies to claims pursued in court

proceedings other than,

(a)proceedings to which the Real Property Limitations Act

applies;

(b)proceedings in the nature of an appeal or review, if the time for

commencing them is governed by

an Act or rule of court;

(c)proceedings to which the Provincial Offences Act applies;

(d)proceedings based on the existing aboriginal and treaty rights of the

aboriginal peoples of Canada which are recognized and affirmed in

section 35

of the Constitution Act, 1982 .

Exception, aboriginal rights

(2) Proceedings referred to in clause (1) (

d) are governed by the law that

would have been in force with respect to limitation of actions if this Act

had not been passed.

Crown

3. This Act binds the Crown.

Basic Limitation Period

Basic limitation period

4. Unless this Act provides otherwise, a proceeding shall

not be commenced in respect of a claim after the second anniversary of the

day on which the claim was discovered.

Discovery

(1) A claim is discovered on the earlier of,

(a)the day on which the person with the claim first knew,

(i)that the injury, loss or damage had occurred,

(ii)that the injury, loss or damage was caused by or contributed to by an

act or omission,

(iii)that the act or omission was that of the person against whom the

claim is made, and

(iv)that, having regard to the nature of the injury, loss or damage, a

proceeding would be an appropriate means to seek to remedy it; and

(b)the day on which a reasonable person with the abilities and in the

circumstances of the person with the claim first ought to have known of the

matters referred to in clause (a).

Presumption

(2) A person with a claim shall be presumed to have known of the matters

referred to in clause (1) (

a) on the day the act or omission on which the

claim is based took place, unless the contrary is proved.

Minors

6. The limitation period established by

section 4 does

not run during any time in which the person with the claim,

(a)is a minor; and

(b)is not represented by a litigation guardian in relation to the

claim.

Incapable persons

(1) The limitation period established by

section 4

does not run during any time in which the person with the claim,

(a)is incapable of commencing a proceeding in respect of the claim because

of his or her physical, mental or psychological condition; and

(b)is not represented by a litigation guardian in relation to the

claim.

Presumption

(2) A person shall be presumed to have been capable of commencing a

proceeding in respect of a claim at all times unless the contrary is

proved.

Extension

(3) If the running of a limitation period is postponed or suspended under

this

section and the period has less than six months to run when the

postponement or suspension ends, the period is extended to include the day

that is six months after the day on which the postponement or suspension

ends.

Exception

(4) This

section does not apply in respect of a claim referred to in

section 10.

Litigation guardians

8. If a person is represented by a litigation guardian in

relation to the claim,

section 5 applies as if the litigation guardian were

the person with the claim.

Definitions

(1) In this section, "

potential defendant" means a person against whom another person may have a

claim but against whom the other person has not commenced a proceeding in

respect of the claim; ("dfendeur ventuel") "

potential plaintiff" means a person who may have a claim against another

person but has not commenced a proceeding against that person in respect of

the claim. ("demandeur ventuel")

Appointment of litigation guardian

on motion by potential defendant

(2) If the running of a limitation period in relation to a claim is

postponed or suspended under

section 6 or 7, a potential defendant may make a

motion to have a litigation guardian appointed for a potential plaintiff.

Effect of appointment

(3) Subject to subsection (4), the appointment of a litigation guardian

ends the postponement or suspension of the running of the limitation period

if the following conditions are met:

1.The appointment is made by a judge on the motion of a potential

defendant.

2.The judge is satisfied that the litigation guardian,

i.has been served with the motion,

ii.has consented to the appointment in writing, or in person before the

judge,

iii.in connection with the claim, knows of the matters referred to in

clause 5 (1) (a),

iv.does not have an interest adverse to that of the potential plaintiff,

and

v.agrees to attend to the potential plaintiff's interests diligently and

to take all necessary steps for their protection, including the commencement

of a claim if appropriate.

Non-expiry

(4) The limitation period shall be deemed not to expire against the

potential plaintiff until the later of,

(a)the date that is six months after the potential defendant files, with

proof of service on the litigation guardian,

(i)a notice that complies with subsection (5), and

(ii)a declaration that, on the filing date, the potential defendant is not

aware of any proceeding by the litigation guardian against the potential

defendant in respect of the claim;

(b)the date on which the limitation period would otherwise expire after it

resumes running under subsection (3).

Notice

(5) The notice,

(a)shall not be served before the first anniversary of the

appointment;

(b)shall identify the potential plaintiff, the potential defendant and the

claim; and

(c)shall indicate that the claim could be extinguished if a proceeding is

not promptly commenced.

Assaults and sexual assaults

(1) The limitation period established by

section 4

does not run in respect of a claim based on assault or sexual assault during

any time in which the person with the claim is incapable of commencing the

proceeding because of his or her physical, mental or psychological

condition.

Presumption

(2) Unless the contrary is proved, a person with a claim based on an

assault shall be presumed to have been incapable of commencing the proceeding

earlier than it was commenced if at the time of the assault one of the

parties to the assault had an intimate relationship with the person or was

someone on whom the person was dependent, whether financially or

otherwise.

Same

(3) Unless the contrary is proved, a person with a claim based on a sexual

assault shall be presumed to have been incapable of commencing the proceeding

earlier than it was commenced.

Attempted resolution

11. If a person with a claim and a person against whom

the claim is made have agreed to have an independent third party resolve the

claim or assist them in resolving it, the limitation periods established by

sections 4 and 15 do not run from the date the agreement is made until the

date the claim is resolved or a party terminates or withdraws from the

agreement.

Successors

(1) For the purpose of clause 5 (1) (a), in the case

of a proceeding commenced by a person claiming through a predecessor in

right, title or interest, the person shall be deemed to have knowledge of the

matters referred to in that clause on the earlier of the following:

1.The day the predecessor first knew or ought to have known of those

matters.

2.The day the person claiming first knew or ought to have known of

them.

Principals and agents

(2) For the purpose of clause 5 (1) (a), in the case of a proceeding

commenced by a principal, if the agent had a duty to communicate knowledge of

the matters referred to in that clause to the principal, the principal shall

be deemed to have knowledge of the matters referred to in that clause on the

earlier of the following:

1.The day the agent first knew or ought to have known of those

matters.

2.The day the principal first knew or ought to have known of them.

Same

(3) The day on which a predecessor or agent first ought to have known of

the matters referred to in clause 5 (1) (

a) is the day on which a reasonable

person in the predecessor's or agent's circumstances and with the

predecessor's or agent's abilities first ought to have known of them.

Acknowledgments

(1) If a person acknowledges the existence of a claim

for payment of a liquidated sum, the recovery of property, the enforcement of

a charge on property or relief from enforcement of a charge on property, the

act or omission on which the claim is based shall be deemed to have taken

place on the day on which the acknowledgment was made.

Interest

(2) An acknowledgment of the existence of a claim for interest is an

acknowledgment of a claim for the principal and for interest falling due

after the acknowledgment is made.

Collateral

(3) An acknowledgment of the existence of a claim to realize on or redeem

collateral under a security agreemen

Document details

Collection	Ontario — Bills
Citation	Bill 163, 37-1
Type	bill
Volume / chapter	p37 s1 bill 163 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	97406b77cf5d5c37a4ddb4a805a677779329e270

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