3 Limitation periods
and 11, if a claimant does not seek a remedial order within
(a) 2 years after the date on wh ich the claimant first knew, or in
the circumstances ought to have known,
(i) that the injury for which t he claimant seeks a remedial
order had occurred,
(ii) that the injury was attr ibutable to conduct of the
defendant, and
(iii) that the injury, assuming liability on the part of the
defendant, warrants bringing a proceeding,
or
(b) 10 years after the claim arose,
whichever period expires first, the defendant, on pleading this Act
as a defence, is entitled to immunity from liability in respect of the
claim.
(1.1) If a claimant who is liable as a tort-feasor in respect of injury
does not seek a remedial order to recover contribution under
section 3(1)(c) of the Tort-feasors Act against a defendant, whether
as a joint tort-feasor or otherwise, within
(a) 2 years after
(i) the later of
(A) the date on which the c laimant was served with a
pleading by which a claim for the injury is brought
against the claimant, and
(B) the date on which the cla imant first knew, or in the
circumstances ought to have known, that the
defendant was liable in respect of the injury or would
have been liable in respect of the injury if the
defendant had been sued within the limitation period
provided by subsection (1) by the person who
suffered the injury,
if the claimant has been served with a pleading described
in paragraph (A), or
(ii) the date on which the claimant first had or in the
circumstances ought to have had the knowledge
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described in subclause (i)(B), if the claimant has not
been served with a pleading described in subclause
(i)(A),
or
(b) 10 years after the claim for contribution arose,
whichever period expires first, the defendant, on pleading this Act
as a defence, is entitled to immunity from liability in respect of the
claim for contribution.
(1.2) For greater certainty, no claim for contribution against a
defendant in respect of damage referred to in section 3(1)(c) of the
Tort-feasors Act is barred by the expiry of a limitation period
within which the person who suffered that damage could seek a
remedial order.
(2) The limitation period provided by subsection (1)(a) or (1.1)(a)
begins
(a) against a successor owner of a claim when either a
predecessor owner or the successor owner of the claim first
acquired or ought to have acquired the knowledge
prescribed in subsection (1)(a) or (1.1)(a),
(b) against a principal when either
(i) the principal first acquired or ought to have acquired the
knowledge prescribed in subsection (1)(a) or (1.1)(a), or
(ii) an agent with a duty to communicate the knowledge
prescribed in subsection (1)(a) or (1.1)(a) to the
principal, first actually acquired that knowledge,
and
(c) against a personal repres entative of a deceased person as a
successor owner of a claim, at the earliest of the following
times:
(i) when the deceased owner first acquired or ought to have
acquired the knowledge prescribed in subsection (1)(a)
or (1.1)(a), if the deceased owner acquired the
knowledge more than 2 years before the deceased
owner's death;
(ii) when the representative was appointed, if the
representative had the knowledge prescribed in
subsection (1)(a) or (1.1)(a) at that time;
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(iii) when the representative fi rst acquired or ought to have
acquired the knowledge prescribed in subsection (1)(a)
or (1.1)(a), if the representative acquired the knowledge
after being appointed.
(3) For the purposes of subsections (1)(b) and (1.1)(b),
(a) a claim or any number of claims based on any number of
breaches of duty, resulting from a continuing course of
conduct or a series of related acts or omissions, arises when
the conduct terminates or the last act or omission occurs;
(b) a claim based on a breach of a duty arises when the conduct,
act or omission occurs;
(c) a claim based on a demand ob ligation arises when a default
in performance occurs after a demand for performance is
made;
(d) a claim in respect of a proceeding under the Fatal Accidents
Act arises when the conduct that causes the death, on which
the claim is based, occurs;
(e) a claim for contribution ar ises when the claimant for
contribution is made a defendant in respect of, or incurs a
liability through the settlement of, a claim seeking to impose
a liability on which the claim for contribution can be based,
whichever first occurs;
(f) a claim for a remedial ord er for the recovery of possession
of real property arises when the claimant is dispossessed of
the real property.
(4) Repealed 2022 c23 s3.
(5) Under this section,
(a) the claimant has the burden of proving that a remedial order
was sought within the limitation period provided by
subsection (1)(a) or (1.1)(a), and
(b) the defendant has the burden of proving that a remedial
order was not sought within the limitation period provided
by subsection (1)(b) or (1.1)(b).
(6) to (8) Repealed 2022 c23 s3.
RSA 2000 cL-12 s3;2007 c22 s1;2014 c13 s4;2017 c7 s2;
2022 c23 s3
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