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New Brunswick brings limitation periods in line with Ontario, Saskatchewan


May 4, 2010   by Canadian Underwriter


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Recent changes to New Brunswick’s general limitation periods bring the province’s laws in line with those of Ontario and Saskatchewan.
Section 5 of New Brunswick’s Limitation of Actions Act now provides that the “basic” limitation for motor vehicle accidents, claims in simple negligence and the vast majority of other claims will be two years “from the day on which the claim is discovered,” said David G. O’Brien, deputy chairman of the Civil Litigation Section of the Canadian Bar Association.
In a newsletter for Barry Spalding, O’Brien details changes to the province’s limitation act that came into effect on May 1, 2010.
The two-year period will normally be the “earlier” anniversary to expire. “The ultimate limitation will, however, be 15 years from the day on which the act or omission on which the claim is based occurred,” he wrote.
Should the fifteenth anniversary from the act or omission be earlier than two years from the day of discovery, the 15-year period will apply to bar any claims which are brought thereafter.


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