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Difference between revisions of "Do You Have a Small Claim? (20:III)"
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Do You Have a Small Claim? (20:III) (view source)
Revision as of 20:29, 8 September 2023
, 20:29, 8 September 2023added para re: special circumstances for discovery date
(updated unjust enrichment case under Restitution. Added para re: remoteness in General Damages. Added) |
(added para re: special circumstances for discovery date) |
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* That the act or omission was that of the person against whom the claim is or may be made; | * That the act or omission was that of the person against whom the claim is or may be made; | ||
* That, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or damage (''Limitation Act'', s 8). | * That, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or damage (''Limitation Act'', s 8). | ||
However, there are certain situations where the date of discovery is deemed to be a later date, or where the limitation period is suspended. Under s. 24(1) of the Limitation Act, acknowledgement of liability by the person against whom the claim is made resets the running of the period to the day the acknowledgement is made. The kind of acknowledgement that qualifies here is strictly defined in s. 24(6). Under s. 25(1), the basic limitation period and ultimate limitation period applicable to the claim do not run if the claimant becomes a person with a disability, while the person continues to be a person under a disability. | |||
For more information refer to '''Appendix F: Limitation Periods''' or consult a lawyer. | For more information refer to '''Appendix F: Limitation Periods''' or consult a lawyer. | ||
