Difference between revisions of "Creditors' Remedies against Debtors (10:III)"

Creditors' Remedies against Debtors (10:III) (view source)

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 Under section 8 of the ''Limitation Act'', in British Columbia, the period for when a proceeding for the collection of a debt must be commenced is 2 years from the “date of discovery” of the claim.  The date of discovery is defined as the day on which the claimant knew or ought reasonably 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; and
-*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.
+: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.