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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 20:47, 4 August 2021
, 20:47, 4 August 2021→2. Limitation Act
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Discovery occurs the day on which the claimant knew or reasonably ought to have known all of the following: | Discovery occurs the day on which the claimant knew or reasonably ought to have known all of the following: | ||
a) That injury, loss or damage had occurred; | #a) That injury, loss or damage had occurred; | ||
b) That the injury, loss or damage was caused by or contributed to by an act or omission; | #b) That the injury, loss or damage was caused by or contributed to by an act or omission; | ||
c) That the act or omission was that of the person against whom the claim is or may be made; | #c) That the act or omission was that of the person against whom the claim is or may be made; | ||
d) 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). | #d) 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). | ||
Special rules for discovery apply in various circumstances. For example, when a person signs a document acknowledging liability for a claim, discovery is deemed to occur on the date the acknowledgment is made unless the limitation period has already expired (''Limitation Act'', s 24(1). Generally, there is an ultimate limitation period of 15 years from the date the basis of the claim occurred, regardless of when discovery happens (''Limitation Act'', s 21(1). If it has been close to 2 years since the events giving rise to your claim occurred, act quickly and refer to '''Appendix F: Limitation Periods''' or consult a lawyer. | Special rules for discovery apply in various circumstances. For example, when a person signs a document acknowledging liability for a claim, discovery is deemed to occur on the date the acknowledgment is made unless the limitation period has already expired (''Limitation Act'', s 24(1). Generally, there is an ultimate limitation period of 15 years from the date the basis of the claim occurred, regardless of when discovery happens (''Limitation Act'', s 21(1). If it has been close to 2 years since the events giving rise to your claim occurred, act quickly and refer to '''Appendix F: Limitation Periods''' or consult a lawyer. | ||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||