The Law of Limitations, 3rd Edition
This new edition of The Law of Limitations provides an essential update on the law of limitations in Canada. In the third edition, readers will benefit from a review of the legislative and common law developments in this fundamental area of the law since 2003 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?
A comprehensive treatise
The main author of The Law of Limitations, 3rd Edition is The Honourable Mr. Justice Graeme Mew, an experienced former litigator and now a judge of the Ontario Superior Court of Justice. This edition includes significant contributions from Debra Rolph, Director of Research, Claims at Lawyers' Professional Indemnity Company (LAWPRO®) and Daniel Zacks of Clyde & Co LLP in Toronto.
In this comprehensive treatise, they 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. They 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 valuable reference include:
- 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 is the only one to provide 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 Law of Limitations, 3rd 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.
New in this edition
Rely on The Law of Limitations, 3rd Edition for the most up-to-date and relevant information, including:
- An analysis of the major overhaul of limitations legislation since 2003 in Ontario, British Columbia, New Brunswick, Nova Scotia and Saskatchewan, as well as the staggering amount of jurisprudence interpreting each of these new legislative regimes.
- A discussion of the transitional provisions that governed the major legislative overhauls in Ontario, British Columbia, New Brunswick, Nova Scotia and Saskatchewan
- An examination of new case law throughout Canada that must be considered when interpreting existing legislation, regardless of whether the province of the jurisprudence has amended its legislation or not.
- New sections on employment law and wrongful dismissal, class proceedings, tolling agreements and dispute resolution.
- Greatly expanded treatments of negotiable instruments, insurance contracts, assault and sexual claims, and limitations governing federal statutes.
The Law of Limitations, 3rd Edition will be invaluable for:
- 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
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
Chapter 8: Actions in Tort
Chapter 9: Actions in Contract
Chapter 10: Actions on Judgments
Chapter 11: Recovery of Land
Chapter 12: Actions on Mortgages
Chapter 13: Rights Between Landlord and Tenant
Chapter 14: Easements and Other Incorporeal Hereditaments
Chapter 15: Trusts
Chapter 16: Estates
Chapter 17: Proceedings By and Against Government
Chapter 18: Application of The Charter of Rights and Freedoms