When is the deadline for survival of tort actions by or against a deceased - two years from the death?
The catalogue records a 2 years period from The death of the deceased. 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 death of the deceased
- 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 extension power. The suspensions for minors and persons under a disability in The Limitations Act, CCSM c L150, ss 13 and 14(1) are preserved by s 4(1)(a) of that Act.
- ADDED ON VERIFICATION: this was missing and is the single most dangerous gap in the limitation set. Section 53(1) continues in or against a personal representative all tort actions other than defamation, malicious prosecution, false imprisonment and false arrest. Section 53(2) then caps every such action at two years from the death, regardless of discovery. The Limitations Act, CCSM c L150, s 18(4) expressly makes the no-limitation-period claims in s 18(1)(a) and (b), sexual assault and assault in an intimate or dependent relationship, subject to Trustee Act s 53(2), so a claim that otherwise has NO limitation period becomes hard barred two years after the relevant death. Computation is under The Interpretation Act, CCSM c I80, s 22(4) (the specified day is excluded) with rollover under s 24(1) and s 24(2); King's Bench r 3.01 does not apply.