Limitation of Actions Consultation - Law Commission

5. CANADA
10.85 Statutory rules of limitation in the Canadian common law jurisdictions have their
origin in the English Statute of Limitations 1623. In 1931, however, the
Conference of Commissioners on Uniformity of Legislation approved a Uniform
Limitation of Actions Act. The Uniform Act was adopted in several jurisdictions. 267
Since then, although there are differences between the law in different provinces
and territories, strong similarities remain. Although a new Uniform Limitation Act
was produced in 1982 no jurisdictions have adopted it, and in recent years various
jurisdictions have been involved in law reform initiatives, which have had a greater
or lesser effect on the law. 268
10.86 One significant feature of Canadian limitation law, is the existence, in every
jurisdiction, of special short limitation periods. 269
For example, special short
limitation periods apply in most Canadian jurisdictions in respect of claims for
medical negligence. 270
They are also widespread in relation to claims against public
bodies. Some jurisdictions have adopted discoverability tests in special limitation
periods, 271
but others base limitation periods on the date when, for example, the
supply of medical services ended. 272
The proliferation of special limitation periods
has attracted criticism in reviews of the law by law reform agencies. 273
(1) Actions in Contract
10.87 In most Canadian jurisdictions the limitation period for ordinary actions in
contract is six years from the date on which the plaintiff’s cause of action
accrued. 274
In most jurisdictions the limitation period for an action on a specialty is
the same as for an action on a simple contract. 275
267 Alberta, Manitoba, Prince Edward Island, Saskatchewan, Northwest Territories and the
Yukon.
268 The main unimplemented initiatives have been those by the Law Reform Commissions of
Ontario (completed in 1969) and Saskatchewan (1989). There were unsuccessful attempts
to pass statutes in Ontario to reform the law in relation to limitation periods in 1983 (Bill
160) and 1992 (Bill 99). Statutes have recently been enacted in Newfoundland and Alberta,
although the Alberta statute has yet to come into force. Discussion, in this section, of the
law in Alberta is on the basis of the new law.
269 For a survey of special limitation periods, see K Roach, “The Limitations of Public Choice:
The Case of Short Limitation Periods” (1993) 31 Osgoode Hall LJ 721, 724 - 727.
270 Legislation in Ontario having been enacted as long ago as 1887: see K Roach, op cit, 724.
271 Eg Ontario Health Disciplines Act, RSO 1990, s 17 (medical negligence: one year
limitation period from the date when the facts are reasonably discoverable); New
Brunswick Medical Act 1981, s 67 (medical negligence: limitation period ends on latest
of: two years from termination of services, one year from the date when the facts are
reasonably discoverable, or one year from the end of legal disability).
272 Eg Saskatchewan Medical Profession Act 1981, s 72.
273 See, eg, Law Reform Commission of Saskatchewan, Proposals for a New Limitation of Actions
Act Report to the Minister of Justice (1989), pp 51 - 63, especially at p 51, in which such a
proliferation is described as “the single greatest problem plaguing Saskatchewan limitation
law”.
274 See, eg, British Columbia Limitation Act, RSBC 1979, s 3(4); Manitoba Limitation of
Actions Act, RSM 1987, s 2(1)(i); Nova Scotia Limitation of Actions Act, RSNS 1989, s
2(1)(e); Newfoundland Limitations Act 1995, ss 6 and 9; Ontario Limitations Act, RSO
212