Limitation of Actions Consultation - Law Commission

(2) Actions in Tort
10.88 General limitation periods 276
for tort in Canada tend to run from the date on which
the plaintiff’s cause of action accrued but, as we shall see, 277
the date of accrual has
commonly been construed as the date of discoverability. The most usual limitation
period for negligently inflicted 278
personal injury is two years, 279
although a few
jurisdictions have retained a six-year limitation period. 280
10.89 Defamation tends to carry a shorter limitation period in most jurisdictions than
other torts, the commonest period being two years from the date of accrual. 281
In
some jurisdictions different limitation periods are applied for libel as opposed to
slander. 282
Periods for trespass to the person 283
tend to be shorter than for propertyrelated
torts.
1990, s 45(1)(g); Prince Edward Island Statute of Limitations, RSPEI 1988, s 2(1)(g);
Saskatchewan Limitation of Actions Act, RSS 1978, s 3(1)(f); Northwest Territories
Limitation of Actions Act, RSNWT 1987, s 2(1)(f); Yukon Limitation of Actions Act, RSY
1986 - 1990, s 2(1)(f). Cf Alberta Limitations Act 1996, s 3(1) (2 years from
discoverability). See paras 10.90 - 10.98 below in relation to the problem of latent damage.
275 Exceptions include New Brunswick and Ontario (20 years from accrual of cause of action)
and Nova Scotia (10 years from accrual): New Brunswick Limitation of Actions Act,
RSNB 1973, s 2; Ontario Limitations Act, RSO 1990, s 45(1)(b); Nova Scotia Limitation
of Actions Act, RSNS 1989, s 2(1)(c).
276 That is, limitation periods in situations not covered by the numerous special provisions that
apply to, eg, medical negligence: see para 10.86 above.
277 See para 10.96 below.
278 Including, generally, injury caused by breach of contractual or other duty.
279 Alberta Limitations Act 1996, s 3(1); British Columbia Limitation Act, RSBC 1979, s
3(1)(a); Manitoba Limitation of Actions Act, RSM 1987, s 2(1)(e); Newfoundland
Limitations Act 1995, s 5(a) and (b); Prince Edward Island Statute of Limitations,
RSPEI 1988, s 2(1)(d); Saskatchewan Limitation of Actions Act, RSS 1978, s 3(1)(d);
Northwest Territories Limitation of Actions Act, RSNWT 1987, s 2(1)(d); Yukon
Limitation of Actions Act, RSY 1986 - 1990, s 2(1)(d).
280 Ontario Limitations Act, RSO 1990, s 45(1)(g). The Law Reform Commission of Ontario
recommended that the period be reduced to 2 years: see Ontario Law Reform
Commission, Report on Limitation of Actions (1969), pp 32 - 42. See also Nova Scotia
Limitation of Actions Act, RSNS 1989, s 2(1)(e), but this is subject to an exception
providing for a two-year limitation period in motor accident cases: ibid, s 2(1)(f).
281 The cause of action will generally accrue, in relation to libel, at the time the defamatory
words are published and, in relation to slander, when the plaintiff suffers special damage.
See British Columbia Limitation Act, RSBC 1979, s 3(1)(c); Manitoba Limitation of
Actions Act, RSM 1987, s 2(1)(c); New Brunswick Limitation of Actions Act, RSNB
1973, s 4; Newfoundland Limitations Act 1995, s 5(d); Prince Edward Island Statute of
Limitations, RSPEI 1988, s 2(1)(c); Saskatchewan Limitation of Actions Act, RSS 1978, s
3(1)(c); Northwest Territories Limitation of Actions Act, RSNWT 1987, s 2(1)(c);
Yukon Limitation of Actions Act, RSY 1986 - 1990, s 2(1)(c).
282 Nova Scotia Limitation of Actions Act, RSNS 1989, s 2(1)(a) and (e) (one year for
slander, 2 years for libel); Ontario Limitations Act, RSO 1990, s 45(1)(g) and (i) (2 years
for slander, 6 years for libel).
283 Eg one year in Nova Scotia and two years in Manitoba, New Brunswick, Prince Edward
Island and Saskatchewan for trespass to the person, compared with 6 years for trespass to
land in those jurisdictions.
213