First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 11

AN ACT TO AMEND THE SURVIVAL OF ACTIONS ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE THOMAS W. MARSHALL, QC

Minister of Justice and Attorney General

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Survival of Actions Act by eliminating the special limitation periods tied to the date of probate or administration of the estate of and date of death of a deceased person. The Act would instead provide that the usual limitation periods as set out in the Limitations Act would apply.

A BILL

AN ACT TO AMEND THE SURVIVAL

OF ACTIONS ACT

Analysis

1. S.5 R&S

Limitation of action

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cS-32

Section 5 of the Survival of Actions Act is repealed and the following substituted:

Limitation of action

5. Where a cause of action survives under this Act, the period within which an action may be taken shall be determined by the Limitations Act .

©Earl G. Tucker, Queen's Printer