Throughout this article, we will cover the provision of the Statute of limitations in detail. As a result, you will be able to know the basic rules and the exceptions of the Statute of limitations.
Table of Contents
What Is the Statute of Limitations?
The period of taking any legal action is barred by time. That fixed amount of time for each actionable event is known as the Statute of limitations.
According to the Statute of limitations, the period will differ for different events. That’s why you can also take legal actions after some justifying diligence. Isn’t it interesting that you can take legal action even after a certain period under the Statute of limitations?
Due to the introduction of ‘The Statute of limitations, you cannot ask for remedies for legal matters for an unlimited time.
However, before introducing the limitation law, no fixed time was set. This loophole of common law was misused and heavily criticized. Therefore, standard law policymakers introduced the Statute of limitations.
The limitations law generally extends the umbrella of taking legal actions if issues need to be sorted out. Furthermore, the Statute of Limitations has an overriding effect on other laws. Consequently, the victim gets a huge advantage even after the end of the general period of filing suit.
Unfortunately, the Statute of limitations doesn’t cover all types of offences. For that reason, crimes like murder need immediate action rather than waiting for the limitation period.
As the diligence in establishing legal rights always reduces the chances of getting appropriate remedies, don’t always wait for the limitation period.
Rules of Statute of Limitations
Depending on different circumstances, the effects of the limitations law change. Generally, 2 years is the limitation period for taking legal actions according to the Limitations Act of Canada.
However, the limitation on period changes is based on the subject matter of different actionable claims.
Let’s check out the basic rules of the Statute of limitations in Canada.
Statute of Limitations for Contractual Matter
Generally, the contractual matters have 3 years of limited time. However, in particular circumstances, the claimant gets the opportunity of claiming the remedy for an extended period of 6 years.
General Civil Law Matter
For matters like property damages and medical malpractices, victims get the opportunity of an actionable claim for 4 extended years. However, in the case of minors, the limitation period is different from the general conception.8
Moreover, matters like property damage have a well-extended suit period. You will get at least 2 years for property damage, inducement, provocation, and misleading cases.
General Criminal law Matter
According to Section 786(2) of ‘the Criminal Code of Canada, the general limitation period of criminal law matters is 1 year or 12 months. However, you may see some alternatives to this rule too.
You will see changes in the limitation period on the major and minor impact of personal injury. You need to file for the road accident matters within 2 years.
The court of law strictly follows the rule of the Statute of limitations. In case you have missed the limitation period once, no further opportunities are there to extend the limitation period.
Exceptions of Statute of Limitations
The Statute of limitations has exceptions too. The limitation period may extend further or end earlier for those exceptional cases.
Let’s see the exceptions of the Statute of limitations.
Physically and Mentally Disabled Conditions
If the victim has some physical and mental disability, the limitation period will not be counted against him. After getting back to normal condition, the limitation period will start again.
According to the Limitation Act of Canada, any disabled person will see a different impact of the Statute of limitation.
Minor Condition
In the case of minors, the Statute of limitations is different than general. The limitation period will flow after the minor attends the ‘age of majority. Subsequently, if the minor does any offence, the general legal action will proceed after attaining the age of majority.
The honourable court always declares the minor status. Plus, the court sets the subsequent limitation period of the minor.
Conclusion
The Statute of limitation is a very justifying provision of common law. However, the establishment of the Statute of limitation in favour needs the assistance of a qualified lawyer. In that way, you will get the opportunity to earn your definite right with a delay claim.
