Marginal note:Limitation or prescription period for civil remedies
43.1 (1) Subject to subsection (2), a court may award a remedy for any act or omission that has been done contrary to this Act only if
(a) the proceedings for the act or omission giving rise to a remedy are commenced within three years after it occurred, in the case where the plaintiff knew, or could reasonably have been expected to know, of the act or omission at the time it occurred; or
(b) the proceedings for the act or omission giving rise to a remedy are commenced within three years after the time when the plaintiff first knew of it, or could reasonably have been expected to know of it, in the case where the plaintiff did not know, and could not reasonably have been expected to know, of the act or omission at the time it occurred.
Marginal note:Restriction
(2) The court shall apply the limitation or prescription period set out in paragraph (1)(a) or (b) only in respect of a party who pleads a limitation period.
- 1994, c. 47, s. 64
- 1997, c. 24, s. 25
- 2012, c. 20, s. 49
- Date modified: