The amended Limitation of Actions Act has been proclaimed and took effect on September 1, 2015.
The Act effectively shortens the limitation period for motor vehicle accident (MVA) claims from three (3) years to two (2) years, effective September 1, 2015.
For any MVA claims arising from accidents that occurred prior to September 1, 2015, lawyers should refer to the transitional provisions in s.22 to determine the applicable limitation period.
For any MVA claims arising from accidents that occur after September 1, 2015, the limitation period will be two years.
Lawyers should check all MVA / personal injury files in which they have not yet commenced an action to ensure that they have amended the applicable limitation periods and updated any diarized reminders.
Section 8 sets out the two year limitation period:
8 (1) Unless otherwise provided in this Act, a claim may not be brought after the earlier of
(a) two years from the day on which the claim is discovered; and
(b) fifteen years from the day on which the act or omission on which the claim is based occurred.
(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.
Section 22 sets out the transitional provisions:
22 (1) In this Section,
(a) "effective date" [September 1, 2015] 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 [September 1, 2015].
(2) This Section applies to claims that are based on acts or omissions that took place before the effective date and in respect of which no proceeding has been commenced before the effective date [September 1, 2015].
(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 [September 1, 2015]; and
(b) the day on which the former limitation period expired or would have expired.