When is the deadline for transitional - claim discovered before its transition date?
The catalogue records a 2 years period from The transition date - the date of the repeal of the former limitation period applicable to the claim. 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 transition date - the date of the repeal of the former limitation period applicable to the claim
- 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. Section 31.2 imposes an absolute bar: 'No proceeding may be commenced under this Act respecting a claim discovered before September 30, 2021, if its former limitation period expired before the claim's transition date.'
- HIGH RISK OF ERROR. For claims based on acts or omissions before the repeal of the former limitation period and in which no proceeding was commenced before the transition date (s 31.3(1)). Where the claim is discovered ON OR AFTER its transition date, the new Act applies as if the act or omission occurred on the transition date (s 31.3(3)). The transitional scheme was substantially recast by SM 2023 c 22, Part 1, effective 30 May 2023.