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When is the deadline for limitation period for a claim for contribution, discovery basis?

The catalogue records a 2 years period from The LATER of the date the claimant was served with a pleading claiming for the injury against the claimant, and the date the claimant first knew or ought to have known that the defendant was or would have been liable in respect of the injury; or, where no such pleading was served, the date of that knowledge alone. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
2 years
Trigger
The LATER of the date the claimant was served with a pleading claiming for the injury against the claimant, and the date the claimant first knew or ought to have known that the defendant was or would have been liable in respect of the injury; or, where no such pleading was served, the date of that knowledge alone
Counting
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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. Suspensions under ss 4, 5, 5.1 and 5.2 apply.
  • Distinct from the general s 3(1) period and added by 2014 c13 s4. Section 3(1.2) makes clear that a contribution claim is NOT barred merely because the injured person's own limitation period against the contribution defendant has expired. Do not confuse this substantive limitation period with the 20 day procedural period in Rules of Court r 3.43(2) for serving a Form 15 notice claiming contribution.

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