Limitation Periods – the law won’t wait for you

If you’ve ever considered bringing someone to Court, for example, if you were hurt after slipping and falling on their poorly maintained property, make sure you first look over your province’s statute of limitations. There’s a good chance that you won’t succeed if the fall occurred over two years ago.

As of 2009, the general rule in New Brunswick is that a civil claim cannot be brought to court if it has been over two years since the claimant “discovered” (or, became aware of) the injury, loss or damage.

It’s possible that a claimant didn’t realize a legal wrong when it occurred. For example, if the claimant was a minor at the time.

In this situation, the second aspect of limitations comes into play, allowing fifteen years from the day the wrong occurred for a claimant to “discover” the harms caused by the injury, loss or damage.

Common situations where limitations may arise include claims such as spousal support, personal injury, contract, debt and other damages.

Before 2009, the limitation period for a civil claim in New Brunswick allowed six years following discovery. Now, it is two years. With such a significant change in time, it's best that you act on a legal matter as early as possible.

 

For more information on limitation periods and litigation, please contact us. 

Remy Rosinski, Student-at-Law