When is the deadline for limitation period - cause of action arising otherwise than in a province?
The catalogue records a 6 years period from The day the cause of action arose. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 years
- Trigger
- The day the cause of action arose
- 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 in the section. This is a true limitation period and is not extendable under Federal Courts Rules r 8, which extends only periods provided by the Rules or fixed by an order. Any relief depends on general doctrines such as discoverability, fraudulent concealment or statutory postponement, which must be pleaded and proved.
- Residual six year rule for causes of action with no single provincial situs, for example those arising on the high seas, outside Canada, or in respect of federal matters not localised in a province. Section 39 contains no express discovery rule; the common law discoverability principle applies to determine when the cause of action "arose", and there is no separate statutory long-stop or repose provision in s 39. Section 39 read in full on verification; subsection (3) was repealed by 1990, c 8, s 10.