10-26-2017, 09:47 AM
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#33
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Franchise Player
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Quote:
Originally Posted by troutman
https://albertacourts.ca/provincial-...fore-you-sue#5
Time limits to sue
You should know that, in many cases, you cannot sue after a certain period of time has gone by (the limitation period). The time limit depends on the reason for suing.
For general debt problems, such as contracts, loans, damage deposits and rent you must sue within two years from the time the debt began. An exception to this rule exists: if it has been stated in writing that the person knows the money is still owed, or if the person has paid part of the debt, the two-year limit starts when the debt was last acknowledged.
If you are suing for injuries or damages caused to yourself or your property (for example, assault, car accident, etc.), you must sue within two years of the injury or damages. If you wish to sue your own insurance company for failure to pay you as a result of an accident, you must do so within one year.
This is a complex area of law and you should consult a lawyer if there is any doubt about the limitation period affecting your case. Please see our links page for more resources.
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It is complicated. This is the part I don't get...
Quote:
Section 3(1)(b) sets out a second, longer limitation period. Here, a claim must be brought within 10 years of the event forming the basis of the claim. The 10-year limitation clock begins to run regardless of whether or not the plaintiff has discovered the existence of a legal action. Thus, Section 3(1)(b) creates an absolute limit on a claimant’s ability to sue. A lender who discovers their debt claim after the ten-year period has passed will likely be out of luck.
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