When is the deadline for general limitation period - two years from discovery?
The catalogue records a 2 years period from Day on which the claim is discovered, being the day on which the claimant first knew or ought reasonably to have known that the injury, loss or damage had occurred, that it was caused by or contributed to by an act or omission, and that the act or omission was that of the defendant (s 5(2)). This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 2 years
- Trigger
- Day on which the claim is discovered, being the day on which the claimant first knew or ought reasonably to have known that the injury, loss or damage had occurred, that it was caused by or contributed to by an act or omission, and that the act or omission was that of the defendant (s 5(2))
- 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. The Act confers no judicial power to extend a limitation period, and Rule 3.02 reaches only time prescribed by an order or judgment or by the Rules of Court. Never compute an extension.
- Counting is governed by Interpretation Act, RSNB 1973, c I-13, s 22(k): where a period of time dating from a specified day, act or event is prescribed, the time is reckoned exclusively of that day. THE WORD IN s 5(1) IS 'THE EARLIER OF': the fifteen-year longstop in s 5(1)(b) is a separate outer limit and is encoded separately as ca_nb_laa_ultimate. A claim is brought when the proceeding is commenced (s 1(2)(a)). Section 6: a continuous act or omission is deemed a separate act or omission on each day it continues. CRITICAL COUNTING POINT: rollover for this entry uses holidaySet 'statute'. Under Interpretation Act, s 38(1) a SATURDAY IS NOT A HOLIDAY, so a limitation period expiring on a Saturday is NOT extended to the Monday by s 22(j). Corrected on verification: the researched catalogue applied a Saturday-inclusive holiday list to this entry. Where the expiry falls on a Saturday or on a court office closure that is not a holiday, commence on the preceding open day or use Rule 3.03 to arrange commencement with the officer in charge, who may permit it on any day where a limitation period may expire.