The first element of an adverse possession claim will be based on a statute of limitations because the concept of limitation of actions
did not exist in the English common law.
See BC Limitation Act, supra note 20, s 7; NF &^L Limitations Act, supra note 22, s 15(5); Limitation of Actions
Act, SNB 2009, c L-8.5, s 1 [NB Limitation of Actions
Act]; Uniform Limitations Act, supra note 22, ss 7, 8(1).
(27) When courts are induced to twist facts or distort limitation of actions
law in order to avoid harsh results in particular cases, this uncertainty is compounded.
prescribed by the New Brunswick Limitation of Actions
CORMAN, LIMITATION OF ACTIONS
[section] 1.1, at 5-6 (1991) (noting tension between procedural nature of limitations and underlying substantive rights); Developments, supra note 2, at 1177-80 (finding statutes of limitations vary across different areas of law and jurisdiction); see also Matthew G.
The majority (Chief Justice Fraser and Justice Fruman) found that a claim for negligent misrepresentation in a medical legal report by a treating physician is included in "negligence or malpractice" referred to in section 55 of Alberta's old Limitation of Actions
Act, and the provision of a medical legal report by a treating physician is a "professional service" within the context of that section.
He has received an undertaking from the government that the Limitation of Actions
Act would not apply to them.
King, "Limitation of Actions
Considerations in Respect of U.K.
Wood, A Treatise on the Limitation of Actions
at Law and in Equity 108-10 (1883) ("Courts of equity, although not in all cases bound by the statute of limitations ...
Wairimu's claim to the portion was barred by the Limitation of Actions
Act, he said.
Both Packwood and the diocese also said, in separate statements of defence, that the woman failed to make the allegations in time for them to be allowed under Manitoba's Limitation of Actions
Act, which outlines the time within which legal action must be taken for various kinds of alleged offences.
Under the Limitation of Actions
Act, any person who occupies land for more than 12 years without interruption becomes the legally recognised owner.
This involved section 27 of Victoria's Limitation of Actions
Act 1958, the wording of which was modelled upon section 26 of the erstwhile English Limitation Act 1939.
Burke, reported on Bill 28, Limitation of Actions
The New Brunswick Limitation of Actions
Act provides that: 9[.] No other action shall be commenced but within six years after the cause of action arose.