Withdrawn Uniform Acts

Uniform Limitation of Actions Act (1976)

PART II

Charges on Land, Etc.

Proceedings to recover money

11. (1) No proceedings shall be taken to recover

(a) any rent charge;

(b) any sum of money,

(i) secured by any mortgage, or

(ii) otherwise charged upon or payable out of any land or rent charge,

but within ten years next after a present right to recover the same accrued to some person capable of giving a discharge therefor or a release thereof, unless prior to the expiry of such ten years;

(c) some part of the rent charge or sum of money or some interest thereon has been paid by a person bound or entitled to make a payment thereof, or his agent in that behalf, to a person entitled to receive the same, or his agent; or

(d) some acknowledgment in writing of the right to such rent charge or sum of money signed by any person so bound or entitled, or his agent in that behalf, has been given to a person entitled to receive the same, or his agent,

and in such case no action shall be brought but within tend years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one was made or given.

Idem

(2) In the case of a reversionary interest in land, no right to recover the sum of money charged thereon shall be deemed to accrue until the interest has fallen into possession.

(3) (If it is intended to limit charges created by writs of execution, a special clause should be inserted here which would probably vary in different jurisdictions.)

Money under agreement for sale

12. No proceedings shall be taken to recover any sum of money payable under an agreement for the sale of land but within ten years after a present right to recover the same accrued to some person entitled to receive the same, or capable of giving a release thereof, unless prior to the expiry of such ten years

(a)some part of the sum of money or some interest thereon has been paid by a person bound or entitled to make a payment thereof or his agent in that be half to a person entitled to receive the same or his agent; or

(b)some acknowledgment in writing of the right to receive such sum of money signed by any person so bound or entitled or his agent in that behalf has been given to a person entitled to receive the same or his agent,

and in such case no action shall be brought but within ten years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one was made or given.

Arrears of rent

13. (1) No arrears of rent, or of interest in respect of any sum of money to which section 11 applies or any damages in respect of such arrears shall be recovered by any proceeding, but within six years, next after a present right to recover the same accrued to some person capable of giving a discharge therefor or a release thereof unless, prior to the expiry of such six years,

(a)some part of the arrears has been paid by a person bound or entitled to make a payment thereof or his agent in that behalf to a person entitled to receive the same or his agent; or

(b) some acknowledgment in writing of the right to the arrears signed by a person so bound or entitled or his agent in that behalf has been given to a person entitled to receive the arrears or his agent,

and in such case no proceeding shall be taken but within six years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one was made or given.

Actions for redemption by mortgagors

(2) Subsection (1) does not apply to an action for redemption or similar proceedings brought by a mortgagor or by a person claiming under him.

Subsequent mortgagee

14. Where any prior mortgagee has been in possession of any land within one year next before an action is brought by any person entitled to a subsequent mortgage on the same land, the person entitled to the subsequent mortgage may recover in such action the arrears of interest that have become due during the whole time the prior mortgagee was in such possession or receipt, although that time may have exceeded such term of six years.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018