Background & purpose of the system 1 basic institutions, processes, and players 3

EXCEPTIONS to Limitation Period

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  s.6 → limitation period does not run any time in which the claimant is a minor and is not represented by a litigation guardian – we can’t expect young kids to know whether they have a claim
  
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  s.7 → similarly, period does not run during time someone is incapable of commencing a proceeding due to physical, mental or psychological condition
  
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    Presumed to be capable unless proven contrary
    
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    If there is a litigation guardian, s.5 applies to them
    
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  s.11
  → clock may stop if you’re in an attempted resolution as defined here – society wants to encourage settlement
  
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    S. 11(1) “If a person with a claim and a person against whom the claim is made have agreed to have an independent third party resolve the claim or assist them in resolving it, the limitation periods established by sections 4 and 15 do not run from the date the agreement is made until,
    
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      (a)  the date the claim is resolved;
      
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      (b)  the date the attempted resolution process is terminated; or
      
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      (c)  the date a party terminates or withdraws from the agreement.
      
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  s.12
  → successors claiming through a predecessor in right/title/interest will be deemed to have knowledge from when the predecessor knew or ought to have known of the claim
  
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  s.13 → if there is acknowledgement of liability in respect of a claim, act or omission of the claim will be deemed to have taken place on the day of the acknowledgement
  
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  s. 14 → if you want the clock to start you may serve notice of claim to the other party, so they can’t argue they didn’t know
  
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  s. 15-16 ultimate limitation period, exceptions from such, and causes of action with no limitation period → you can’t bring a case after 15 years from the actual event - policy decision t o allow people to move on, evidence stale (s.15)
  
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    s. 15(4), exceptions: Period won’t run if incapable, no proper litigation guardian, minor, willful concealment or willfully misleads
    
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    Burden of proving 15(4) applies is on the claimant
    
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    No limitation period (s.16(1)(h)) – policy presumption that victims of sexual assault often aren’t aware that they have a case, or capable of bringing an action, without extensive psychological work
    
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      Choc v. Hudbay: Plaintiffs were Guatemalan mine workers — Plaintiffs alleged that Canadian controlled mining companies committed human rights abuses in Guatemala including killing, shooting and rape in vicinity of mining project — Plaintiffs brought three separate actions arising out of acts of violence related to mining operation against mining company, subsidiary, and business which had amalgamated with mining company — Defendants brought motion to dismiss proceedings — Motion dismissed — Claim based on sexual assault was not statute-barred due to exception in s. 10 (now s. 15(1)(h) )of Limitations Act — While allegations were that sexual assaults occurred due to mining company's failure to properly supervise and train security forces it deployed, actions arose from and were based on sexual assault — To fall within scope of s. 10, claim need not be made against actual perpetrator, but may also be commenced against those persons whose acts or omissions may have contributed to alleged assaults.
      
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  s.17
  → no limitation period in respect of an environmental claim that has not been discovered
  
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  s.21
  → cannot add a party to a proceeding already going after 2 years unless you could have done so anyways due to limitation
  
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  s.22 → applies even if parties agree to opt out of the limitation period