Limitation periods, as discussed in this report, dictate the amount of time in which one may bring a civil claim to court for some sort of relief. After the limitation period for a claim has passed, the defendant will be immune to liability for that claim. This report addresses the complex and technical nature of limitation law as it was at the time, and recommends a new Model Limitations Act. This Act covers most, but not all, potential claims, and most, but not all, forms of relief.
The Model Act creates a two-year limitations period that begins as soon as the potential plaintiff knows or ought to have known of the possibility of a claim, as well as a fifteen-year “ultimate limitation” period. It also provides for a suspension of these periods if the potential plaintiff is unable to pursue a claim due to disability, or if the potential defendant has fraudulently concealed the facts of the injury.
These limitations periods explicitly exclude claims based on adverse possession (“squatting”) on Crown land and some other specialized claims. They also fail to stop certain remedies such as declarations, enforcement of previous orders for relief, judicial review of the powers of administrative bodies, and habeas corpus writs.