When is the deadline for basic limitation period - two years from discovery?
The catalogue records a 2 years period from The day the claim is discovered within the meaning of s 7. 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 day the claim is discovered within the meaning of s 7
- 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.
- NO judicial discretion to extend. A limitation period may be extended - but not shortened - in writing after the Act came into force (s 24(1)). An acknowledgment of the right, title, liability or obligation before expiry restarts the period afresh (s 20(1)). Running is suspended while the claimant is a minor (s 13) or a person under a disability (s 14(1)), subject to a potential defendant's notice to proceed (s 15), and during a stay under the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act or the Farm Debt Mediation Act (s 25). Despite expiry after a proceeding is commenced, a judge may allow pleadings to be amended to add a new claim or add or substitute a party on the conditions in s 22.
- MANITOBA HAS MODERNISED ITS LIMITATIONS LAW. The Limitation of Actions Act, RSM 1987 c L150 - the old cause-of-action-based regime with its schedule of differing periods - was REPEALED by s 53 of the new Act. The Limitations Act, SM 2021 c 44, came into force by proclamation on 30 SEPTEMBER 2022 and is now CCSM c L150. Do not encode the repealed Act. The claimant bears the burden of proving the proceeding was commenced within the basic period (s 9). Discovery of the date injury, loss or damage occurred is modified for continuous acts, series of acts, security agreements, demand obligations and contribution/indemnity claims by s 8. This Act applies to a claim pursued in a court proceeding but not to an appeal (s 3(1)(a)), and it does not apply where another Act contains a limitation provision for the claim (s 4(1)(a)). Under s 27, limitations law is substantive for conflict of laws purposes. Corrected on verification: the note cited "s 1(c), s 4" for the displacement rule. The operative provision is s 4(1), which reads "This Act does not apply to a claim (a) that is subject to a limitation provision in another Act, except in the circumstance mentioned in section 13 and subsection 14(1) (suspension of limitation periods); or (b) if another enactment states that no limitation period applies to the claim." Section 3(1) also excludes appeals (3(1)(a)), proceedings for judicial review (3(1)(b)), declarations without consequential relief (3(1)(c)) and proceedings to enforce an order (3(1)(d)); the researcher recorded only the appeal exclusion. In force date confirmed as 30 September 2022 from the proclamation table on the Manitoba Laws consolidation.