When is the deadline for basic limitation period - two years from discovery?
The catalogue records a 2 years period from Day on which the claim is discovered within the meaning of s 8(2). 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
- Day on which the claim is discovered within the meaning of s 8(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.
- Section 21(1): a limitation period established by this Act may be EXTENDED, BUT NOT SHORTENED, by agreement (s 21(2): this does not affect an agreement made before the coming into force of the Act). Section 12: for personal injury claims only, the court may disallow a defence based on the limitation period where it appears just, weighing the nine factors in s 12(5) - but s 12(6) bars the court from exercising that jurisdiction if the claim is brought more than two years after the expiry of the limitation period, and s 12(7) excludes claims with a limitation period of 10 years or more. Sections 18 and 19 suspend the running of the period for minority and incapacity. Never compute a s 12 disallowance - it requires an application.
- The discovery limb, to be catalogued and computed SEPARATELY from the fifteen-year ultimate period in s 8(1)(b) - the statute says 'the earlier of', so both must be tested and whichever expires first governs. Discovery is defined cumulatively in s 8(2): 'A claim is discovered on the day on which the claimant first knew or ought reasonably to have known (a) that the injury, loss or damage had occurred; (b) that the injury, loss or damage was caused by or contributed to by an act or omission; (c) that the act or omission was that of the defendant; and (d) that the injury, loss or damage is sufficiently serious to warrant a proceeding.' All four limbs must be satisfied. Burden: s 9(1) puts the burden of proving the claim was brought within the s 8(1)(a) period on the CLAIMANT. Counting: this is a statutory period, so CPR 94.02(1) does NOT apply - it governs only 'a period of days in a Rule', and r 94.02(5) extends it only to statutory APPEAL periods. Interpretation Act s 19(l) excludes the first day and s 19(k) supplies the rollover, using the narrower s 7(1)(j) holiday set. Under s 2(2) a claim is brought when the proceeding is commenced, or where added to an existing proceeding by a new or amended pleading that is not an originating process, when that pleading is filed. Corrected on verification: rollover changed from "next-open-day" to "review". As encoded, the engine would have rolled the two-year discovery period forward using the holidays array in this file, which is the Rule 94.02(1)(c) COURT-CLOSURE set. A statutory limitation period rolls over only under Interpretation Act, RSNS 1989 c 235, s 19(k), and only where the time expires or falls on a Saturday or on a "holiday" as defined in s 7(1)(j) of that Act. Easter Monday, Natal Day, the National Day for Truth and Reconciliation and Boxing Day are in the court-closure list but are not s 7(1)(j) holidays, so the encoded behaviour could extend a limitation period beyond what the statute allows and tell a practitioner that a barred claim was still in time. The period itself is confirmed verbatim against the nslegislature.ca consolidation of the Limitation of Actions Act, SNS 2014 c 35 (proclaimed 4 August 2015, in force 1 September 2015).