This Div is a JS Trigger
Issue 41 | September 2016

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
Limitation of Actions Act: s.23 transition provision

This is a reminder that the new LAA is in effect. If you are acting for a client on a pending claim and you have not yet started legal proceedings, be mindful of s.23 and determine whether the old or new limitation period applies. If the claim was discovered before September 1, 2015, s.23 applies. For claims other than sexual assault or domestic abuse, the limitation period will be the earlier of the old limitation period or September 1, 2017 (2 years from September 1, 2015).

Here is s.23:

23 (1) In this Section,

(a) “effective date” means the day on which this Act comes into force;

(b) “former limitation period” means, in respect of a claim, the limitation period that applied to the claim before the effective date.

(2) Subsection (3) applies to claims that are based on acts or omissions that took place before the effective date, other than claims referred to in Section 11, and in respect of which no proceeding has been commenced before the effective date.

(3) Where a claim was discovered before the effective date, the claim may not be brought after the earlier of

(a) two years from the effective date; and

(b) the day on which the former limitation period expired or would have expired.

(4) A claimant may bring a claim referred to in Section 11 at any time, regardless of whether the former limitation period expired before the effective date. 2014, c. 35, s. 23; 2015, c. 22, s. 4.

Taking the time to file your client’s claim on time will avoid a claim against you later.

Read LIANS’ resources to help you stay on track: