News & Analysis as of

Limitations Act

Defence & Indemnity - December 2016: IV. PRACTICE ISSUES B.

by Field Law on

The Plaintiff did not show a “want of diligence” in failing to take any proactive steps in discovering and naming the landlord of a nightclub as a defendant in a personal injury action five-and-a-half years after the...more

Restarting the Clock: Court of Appeal Affirms Two-Year Limitation Period for Oppression Remedy Cases

In its recent decision in Maurice v. Alles, the Court of Appeal for Ontario held that oppression remedy claims under the Ontario Business Corporations Act (OBCA) must be commenced within the general two-year limitation period...more

Survival Periods Versus Limitation Periods: Which Prevails? NOV Enerflow ULC v Enerflow Industries Inc.

by Bennett Jones LLP on

The recent Court of Queen's Bench of Alberta decision in NOV Enerflow ULC v Enerflow Industries Inc. (the NOV Decision) considered survival periods of representations and warranties in commercial contracts and the interplay...more

Limitation Changes in British Columbia

by Bennett Jones LLP on

A new Limitation Act came into force in B.C. on June 1st, 2013. The Limitation Act, SBC 2012, c 13 (the “New Act”) is intended to simplify the process for civil claims and bring B.C.’s limitation periods in line with the...more

Limitation Periods for Environmental Cost Recovery Claims in BC Abolished

by Bennett Jones LLP on

The government of B.C. recently passed legislation that will eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

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