When is the deadline for ultimate limitation period - fifteen years from the act or omission?
The catalogue records a 15 years period from The day the act or omission on which the claim is based took place. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 15 years
- Trigger
- The day the act or omission on which the claim is based took place
- 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.
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- NOT extendable by agreement (s 24(2)). Suspended while the claimant is a minor (s 13) or a person under a disability (s 14(1)). Does not run during any time that a defendant wilfully conceals from the claimant that injury, loss or damage has occurred, that it was caused by an act or omission, or that the act or omission was that of the defendant, or wilfully misleads the claimant as to the appropriateness of a proceeding as a means of remedy (s 17).
- THIS IS A LONG-STOP / REPOSE PERIOD AND MUST BE RECORDED SEPARATELY FROM THE DISCOVERY-BASED BASIC PERIOD. It runs from the act or omission, not from discovery, and caps the two-year basic period. The defendant bears the burden of proving that a proceeding was not commenced within the ultimate period (s 12). The date of the act or omission is fixed by s 11(1) for continuous acts (the day the act ceases), a series of acts respecting the same obligation (the day of the last act), realising on collateral (the day default first occurs), redeeming collateral (the day the creditor takes possession), demand obligations (the day the default occurs once demand is made), contribution or indemnity (the day the claimant is served with a claim or notice commencing arbitration, or incurs a liability through a settlement agreement) and conversion or wrongful detention (the day the property was first converted or wrongfully detained by any person). Do not carry over another province's figure. Corrected on verification: the note previously asserted that "Manitoba's 15 years is longer than Ontario's 15 and shorter than nothing", which is self-contradictory and wrong. The correct position is that the repealed Limitation of Actions Act carried a 30-year ultimate period and The Limitations Act, CCSM c L150, s 10(1) cut it to 15 years, the same figure as Ontario's Limitations Act, 2002, SO 2002 c 24 Sch B, s 15(2). Section 10(1) confirmed verbatim at web2.gov.mb.ca/laws/statutes/ccsm/l150.php.