Withdrawn Uniform Acts

Uniform Limitation of Actions Act (1976)

PART VIII

Miscellaneous

Possession

43. (1) No person shall be deemed to have been in possession of any land within the meaning of this Act merely by reason of having made an entry thereon.

(2) No continual or other claim upon or near any land preserves any right of making an entry or distress or bringing an action.

(3) The receipt of the rent payable by any tenant at will, tenant from year to year or other lessee, shall, as against such lessee or any person claiming under him, but subject to the lease, be deemed to be the receipt of the profits of the land for the purposes of this Act.

Expiry of statutory period

44. At the determination of the period limited by this Act to any person for taking proceedings to recover any land, rent charge or money charged on land, the right and title of such person to the land, or rent charge or the recovery of the money out of the land is extinguished.

45. (1) Where a cause of action in respect of the conversion or wrongful detention of a chattel has accrued to a person, and before he recovers possession of the chattel, a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or detention.

(2) Where

(a) any such cause of action has accrued to a person; and

(b)the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired; and

(c) he has not during that period recovered possession of the chattel,

the title of that person to the chattel is extinguished.

Title of administrator

46. For the purposes of Parts II, III and IV, an administrator claiming the estate or interest of the deceased person of whose property he has been appointed administrator shall be deemed to claim as if there had been no interval of time between the death of such deceased person and the grant of the letters of administration.

Disabilities

47. (1) If at the time at which the right to take any proceedings referred to in Parts II, III or IV first accrued to any person who was under disability, then such person or a person claiming through him may (notwithstanding anything in this Act) take proceedings at any time within six years next after the person to whom the right first accrued first ceased to be under disability or died, whichever event first happened, except that if he died without ceasing to be under disability, no further time to take proceedings shall be allowed by reason of the disability of any other person.

Idem

(2) Notwithstanding subsection 1, no proceedings shall be taken by a person under disability at the time the right to do so first accrued to him or by any person claiming through him, but within thirty years next after that time.

Defendant out of Province

48. In respect of a cause of action as to which the time for taking proceedings is limited by this Act other than those mentioned in section 2(1)(a) and (b), if a person is out of the Province at the time a cause of action against him arises within the Province, the person entitled to the action may bring the same within two years after the return of the first-mentioned person to the Province or within the time otherwise limited by this Act for bringing the action.

Joint debtors

49. (1) Where a person has any cause of action against joint debtors, joint contractors, joint obligors or joint covenantors, he is not entitled to any time within which to commence such action against such of them as were within the Province at the time the cause of action accrued by reason only that one or more of them was at such time out of the Province.

Idem

(2) A person having such cause of action is not barred from commencing an action against any joint debtor, joint contractor, joint obligor or joint covenantor who was out of the Province at the time the cause of action accrued, after his return to the Province by reason only that judgment has been already recovered against such of the joint debtors, joint contractors, joint obligors or joint covenantors as were at such time within the Province.

Application of Act

50. This Act applies to all causes of action whether the same arose before or after the coming into force of this Act, except that no action shall be barred merely by its operation until the expiry of six months from its coming into force, but all actions that would have been barred by effluxion of time during such six months under the provisions of the law existing immediately prior to the coming into force of this Act, shall be barred as if such law were still existing.

Rules of equity

51. Nothing in this Act interferes with any rule of equity in refusing relief on the ground of acquiescence, or otherwise, to any person whose right to bring an action is not barred by virtue of this Act.

(NOTE: This Act is not intended to deal with the subject of prescription in case of easements. Therefore, if this Act is adopted in any province in which the existing statute of limitations contains provisions as to prescription in case of easements (see, e.g., R.S.O. 1927, c. 106, ss. 33-38, 42-44), these provisions should be excepted from the repealing clause, and when the provincial statutes are again revised, should be put in a separate Act.)

Schedule

(See section 39)

THE CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS

(For the text of the Convention see 1976 Proceedings, pages 146-1 60)

 

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