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The Law of Limitations, 4th Edition
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The Law of Limitations, 4th Edition provides an essential update on the law of limitations in Canada since the previous edition was published in 2016. Readers will benefit from a review of the legislative and common law developments in this fundamental area and will glean insight into the crucial question that litigators representing clients in a range of legal conflicts face on a regular basis: when is it too late to file a suit?
In this comprehensive treatise, The Honourable Mr. Justice Graeme Mew, Debra Rolph and Daniel Zacks offer expert commentary that begins with the general legal principles and history underlying time limitations in all jurisdictions across Canada, as well as an outline of the historical pressures that shaped this important legal area. The authors then shift the focus to an analysis of limitation periods specific to personal actions, actions involving real property and the limitations associated with specific parties such as proceedings by and against the government. Finally, they explore the impact of The Charter of Rights and Freedoms, and in particular, how the section 15 equality guarantee has affected the application of limitation periods for different classes of litigants.
Features of This Book
- Timely updates: Readers will become familiar with the latest developments in limitation periods that could affect their action or help force a quick resolution of a matter
- Multi-jurisdictional approach: This book provides national treatment of the law of limitations, allowing practitioners conducting actions in common law jurisdictions other than their home province to stay abreast of the unique limitations regimes across Canada
- Concise format: The 4th Edition provides a comprehensive treatment of the subject matter while remaining efficient, well-organized and portable for use both inside and outside the courtroom
- Exhaustive content: This volume includes exclusive unreported cases
What’s New In This Edition
Rely on The Law of Limitations, 4th Edition for the most up-to-date and relevant information, including:
- Significant changes to the Ontario Limitations Act, including amendments to sexual assault charge provisions
- An examination of new case law throughout Canada that must be considered when interpreting existing legislation
- Completely new limitations legislation in Manitoba
Who Should Read This Book
- Civil litigators, including lawyers specializing in family, corporate, commercial, employment, human rights and personal injury law, as well as in-house counsel: Knowing and observing the relevant limitation periods are critical for litigators seeking to initiate, sustain or invalidate a claim
- Paralegals: Limitation periods apply in the areas in which paralegals are empowered to act, including small claims court, administrative hearings and provincial offences issues
- Government, including judges, court libraries and government lawyers: Judges often need to adjudicate on an issue related to limitation periods and government lawyers must be well-versed in the limitations that apply in various situations
- Academic institutions, including law school and association libraries: Patrons of the library doing research and seeking an up-to-date and definitive treatment on the subject of limitation periods will appreciate this text
Table of contents
PART I—GENERAL PRINCIPLES
Chapter 1: Introduction and Basic Principles
Chapter 2: Sources of Limitation Periods
Chapter 3: Time
Chapter 4: Expiry of Limitation Periods
Chapter 5: Procedural Considerations
Chapter 6: Exemptions, Suspensions and Extensions
Chapter 7: Classification of Actions
PART II—PERSONAL ACTIONS
Chapter 8: Actions in Tort
Chapter 9: Actions in Contract
Chapter 10: Actions on Judgments and Awards
PART III—ACTIONS INVOLVING RIGHTS IN REAL PROPERTY
Chapter 11: Recovery of Land
Chapter 12: Actions on Mortgages
Chapter 13: Rights Between Landlord and Tenant
Chapter 14: Easements and Other Incorporeal Hereditaments
PART IV—TRUSTS AND ESTATES
Chapter 15: Trusts
Chapter 16: Estates
PART V—PARTICULAR PARTIES
Chapter 17: Proceedings By and Against Government
PART VI—CHARTER OF RIGHTS AND FREEDOMS
Chapter 18: Application of The Charter of Rights and Freedoms
Limitations Act, R.S.A. 2000, c. L-12
Limitation Act, S.B.C. 2012, c. 13
Limitations Act, S.N.L. 1995, c. L-16.1
Limitations Act, 2002, S.O. 2002, c. 24, Sch. B
Real Property Limitations Act, R.S.O. 1990, c. L.15
APPENDIX B—Limitation Periods Contained in Other Acts
APPENDIX C—Limitation Periods Contained in Federal Acts
Table of Cases
Table of Legislation
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