Withdrawn Uniform Acts

Uniform Limitation of Actions Act (1976)

PART I

General

Limitation periods

2. (1) The following actions shall be commenced within and not after the times respectively hereinafter mentioned:

(a) actions for penalties imposed by any statute brought by

(i) any informer suing for himself alone or for the Crown as well as for himself, or

(ii) any person authorized to sue for the same, not being the person aggrieved,

within one year after the cause of action arose;

(b) actions for penalties, damages or sums of money in the nature of penalties, damages or sums of money in the nature of penalties given by any statute

(i) to the Crown or the person aggrieved, or

(ii) partly to one and partly to the other,

within two years after the cause of action arose;

(c) actions of defamation, whether libel or slander,

(i) within two years of the publication of the libel or the speaking of the slanderous words, or

(ii) where special damage is the gist of the action, within two years after the occurrence of such damage;

(d) actions for

(i) trespass to the person, assault, battery, wounding or other injury to the person, whether arising from an unlawful act or from negligence, or

(ii) false imprisonment,

(iii) malicious prosecution, or

(iv) seduction,

within two years after the cause of action arose;

(e) actions for

(i) trespass or injury to real property or chattels, whether direct or indirect, and whether arising from an unlawful act or from negligence, or

(ii) for the taking away, conversion or detention of chattels,

within six years after the cause of action arose;

(f) actions for

(i) the recovery of money (except in respect of a debt charged upon land), whether recoverable as a debt or damages or otherwise, and whether on a recognizance, bond, covenant or other specialty or on a simple contract, express or implied, and

(ii) an account or for not accounting,

within six years after the cause of action arose;

(g) actions grounded on fraudulent misrepresentation, within six years from the discovery of the fraud;

(h) actions grounded on accident, mistake or other equitable ground of relief not hereinbefore specifically dealt with, within six years from the discovery of the cause of action;

(i) actions on a judgment or order for the payment of money, within ten years after the cause of action thereon arose; and

(NOTE: In the Statutes of Manitoba, 1931, c. 30, the following words have been added to the clause corresponding with clause (i): "but no such action shall be brought upon a judgment or order recovered upon any previous judgment or order.")

(j) any other action not in this Act or any other Act specifically provided for, within six years after the cause of action arose.

Special periods prevail

(2) Nothing in subsection 1 extends to any action where the time for bringing the action is by statute specifically limited.

Concealment by fraud

3. When the existence of a cause of action has been concealed by the fraud of the person setting up this Part or Part II as a defence, the cause of action shall be deemed to have arisen when the fraud was first known or discovered.

Independent periods for account items

4. No claim in respect of an item in an account that arose more than six years before the commencement of the action is enforceable by action by reason only of some other claim in respect of another item in the same account having arisen within six years next before the commencement of the action.

Claimant under disability

5. If a person entitled to bring any action mentioned in 2(1 )(c) to (i) is under disability at the time the cause of action arises, he may bring the action,

(a) within the time hereinbefore limited with respect to such action; or

(b) at any time within two years after he first ceased to be under disability.

Promises, acknowledgments

6. (1) Where a person who is or, but for the effluxion of time, would be liable to an action on a judgment or on an order for the payment of money or for the recovery of money as a debt, or his agent in that behalf,

(a)conditionally or unconditionally promises his creditor or the agent of the creditor in writing signed by the debtor or his agent to pay the judgment or order for payment or debt;

(b)gives a written acknowledgment of the judgment or order for payment or debt signed by the debtor or his agent to his creditor or the agent of the creditor; or

(c)makes a part payment on account of the principal of the judgment or order for payment or debt or interest thereon to his creditor or the agent of the creditors

then, subject to section 2(1)(i), the action may be brought within six years from the date of the promise, acknowledgment or part payment, as the case may be, notwithstanding that the action would otherwise be barred under this Act.

Idem

(2) A written acknowledgment of a judgment or order for payment or debt or a part payment on account of the principal of the judgment or order for payment or debt or interest thereon, has full effect

(a)whether or not a promise to pay can be implied therefrom; and

(b) whether or not it is accompanied by a refusal to pay.

Joint obligations

7. Where there are two or more

(a)joint debtors, joint contractors, joint obligors or joint convenantors; or

(b)executors or administrators of any debtor, contractor, obligor or covenantor,

no such joint debtor, joint contractor, joint obligor or joint convenantor, or executor or administrator loses the benefit of this Act so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed, or by reason of any payment of any principal or interest made, by any other or others of them.

Actions against joint debtors

8. In actions commenced against two or more such joint debtors, joint contractors, joint obligors or joint covenantors, or executors or administrators, if it appears at the trial or otherwise that the plaintiff, though barred by this Act, as to one or more of such joint debtors, joint contractors, joint obligors or joint convenantors, or executors or administrators, is nevertheless entitled to recover against any other or others of the defendants by virtue of a new acknowledgment, promise or payment, judgment shall be given for the plaintiff as to the defendant or defendants against whom he is entitled to recover, and for the other defendant or defendants against the plaintiff.

Endorsements by payees

9. No endorsement or memorandum of any payment written or made upon any promissory note, bill of exchange or other writing, by or on behalf of the person to whom the payment has been made, shall be deemed sufficient proof of the payment so as to take the case out of the operation of this Act.

Counterclaims

10. This Part applies to the case of any claim of the nature hereinbefore mentioned, alleged by way of counterclaim or set-off on the part of any defendant.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018