Nearly two months into 2015, there’s only a trickle of new limitations jurisprudence, and so today we offer a practice tip.
As Under The Limit Readers know, 2014 marked ten years since the Limitations Act, 2002 came into force. You’d think that over the course of the last decade, bench and bar would have become accustomed to the new limitations regime, and it would have stopped feeling quite so new.
This is the case, mostly. We still see decisions that revert to the old limitations regime or, as in the recent decision in Bartholomew v. Coco Paving and LeFarge, inform us that “A new Limitations Act was passed in 2002” as if we were out-of-province and off-grid for the last 15 years.
These decisions are a reminder that for some, the Limitations Act remains a novelty. Be wary of taking anyone’s familiarity with the Act and its operation for granted, especially when the discovery provisions are in issue.
