Time's Up! Limitation Periods for Subrogated Actions in Canada

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Abstract:

All legal proceedings, including subrogated recovery actions, must be commenced within a certain period of time set out by legislation. The time period in which an action can be brought is called a limitation period. It is also sometimes called a prescription period. If an action is not brought within the applicable limitation period, the claim will be forever lost. Even the most meritorious subrogated claim will disappear because of the expiry of a limitation period. This article discusses the role of limitation periods in subrogated actions

Keywords: Insurance law, subrogation, limitation period, expiry, date, time limit, lawsuit

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pamela Pengelley, Cozen O'Connor | Attorney Advertising

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