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In the case of a breach of a contract, either oral or in writing, or a case of personal injury or damage to property, such a claim would carry a statute of limitations of 2 years from either the time the claim arose, or the point at which a claim was discovered, whichever is later.
This is covered under the Section 4 of the Limitations Act, 2002
Basic limitation period
4. Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. 2002, c. 24, Sched. B, s. 4.
The claims you describe all fall under the Basic Limitation
In section 4 of the Limitations Act I read references to injury but I do not see any references to oral/written contracts or property damage. Can you demonstrate that this section covers these areas as well?
Section 2 indicates that this Act applies to all claims other than those that are listed
2. (1) This Act applies to claims pursued in court proceedings other than,
(a) proceedings to which the Real Property Limitations Act applies;
(b) proceedings in the nature of an appeal, if the time for commencing them is governed by an Act or rule of court;
(c) proceedings under the Judicial Review Procedure Act;
(d) proceedings to which the Provincial Offences Act applies;
(e) proceedings based on the existing aboriginal and treaty rights of the aboriginal peoples of Canada which are recognized and affirmed in section 35 of the Constitution Act, 1982; and
(f) proceedings based on equitable claims by aboriginal peoples against the Crown. 2002, c. 24, Sched. B, s. 2 (1).
Therefore, breach of contract claims, which are proceedings in the Small Claims Court or the Superior Court of Justice
are captured by this Act
Section 5 speaks to injury, loss or damage. Damage does not simply mean damage in the physical sense
but damage in the sense of compensable "damages"
or loss, as a result of breach of contract
Thank you for the clarification. One last point...
Under what circumstances does Section 15 apply (Ultimate Limitation Periods)?
the Act establishes an ultimate fifteen year limitation period, which commences on the day an act or omission takes place, regardless of whether the essential elements of the claim became known to or ought to have been discovered by the claimant.
so, where the 2 year limit runs from the time of discovery in accordance with
section 5 of the Act, if someone finally discovers their right to a claim after 16 years,
then section 15 disallows that claim because it is beyond the ultimate limitation period
(this is why law is subject to so much interpretation)
Subsection 4 says that the 15 year limitation does not run if the person meets any of the criteria contained in this subsection
basically, this is the exception where the person couldn't discover or make the claim due to mental illness, psychological issues, minority, deception on the part of the person against whom the claim could be made, etc.
such as a sex abuse suit, filed by a 24 yr old, for abuse 20 years prior.
the 15 yr limitation, did not run while they were a minor, or if they suffered psychological barriers such as repressed memories etc and were unaware
Generally, in the cases you've described, the criteria of subsection 4 would not apply
Thank you again. This has been very helpful.
Glad to have helped.
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