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Difference between revisions of "Limitation Periods (20:App F)"
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Limitation Periods (20:App F) (view source)
Revision as of 21:57, 23 November 2022
, 21:57, 23 November 2022→1. Small Claims
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Under the ''Limitation Act'', the basic limitation period for most causes of action is 2 years from the date of '''discovery''' of the claim. Discovery is defined as the day on which the claimant knew or reasonably ought to have known ''all'' of the following: | Under the ''Limitation Act'', the basic limitation period for most causes of action is 2 years from the date of '''discovery''' of the claim. Discovery is defined as 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;<BR> | ||
(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;<BR> | ||
(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;<BR> | ||
(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). | ||