When is the deadline for general limitation period, discovery basis?
The catalogue records a 2 years period from The date on which the claimant first knew, or in the circumstances ought to have known, all three of: that the injury had occurred, that it was attributable to the defendant's conduct, and that it warrants bringing a proceeding. This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
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Calculation basis and source
- Period
- 2 years
- Trigger
- The date on which the claimant first knew, or in the circumstances ought to have known, all three of: that the injury had occurred, that it was attributable to the defendant's conduct, and that it warrants bringing a proceeding
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- None to extend. The Act operates by conferring immunity on the defendant, and only on the defendant PLEADING the Act as a defence. Suspension, not extension, is available: s 4 (fraudulent concealment, suspends the s 3(1)(b) ultimate period only), s 5 (persons under disability), s 5.1 (minors, with the notice to proceed mechanism), s 5.2 (criminal trespassers against occupiers), and Class Proceedings Act SA 2003 c C-16.5 s 40. Sections 7 and 8 deal with agreement, acknowledgment and part payment. Never compute a suspension.
- THE DISCOVERY PERIOD AND THE ULTIMATE PERIOD ARE SEPARATE AND MUST BE COMPUTED SEPARATELY. This entry is the discovery period only; the ten year long-stop is ca_ab_limitation_ultimate. The claim is barred when the FIRST of the two expires. All three limbs of the s 3(1)(a) knowledge test must be satisfied before the clock starts. Section 3(2) supplies commencement rules for successor owners, principals and agents, and personal representatives. Section 3(5)(a) puts the burden of proving compliance with the discovery period on the CLAIMANT, while s 3(5)(b) puts the burden on the DEFENDANT for the ultimate period. Counted under Rules of Court r 13.4(3) and (4) where the Rules apply, though the Act is a statute and the Interpretation Act ss 22 and 23 govern its own computation. Section 12(1) applies Alberta limitations law to any proceeding commenced in Alberta, subject to s 12(2) which imports a shorter foreign period where the substantive law of another jurisdiction governs.