The Limitation of Actions Act

The Limitation of

Actions Act

being

NOTE:

This consolidation is not official. Amendments have been

incorporated for convenience of reference and the original statutes

and regulations should be consulted for all purposes of interpretation

and application of the law. In order to preserve the integrity of the

original statutes and regulations, errors that may have appeared

are reproduced in this consolidation.

FOR HISTORICAL REFERENCE ONLY

Chapter 70 of The Revised Statutes of Saskatchewan, 1940

(effective February 1, 1941).

Table of Contents

1

Short title

2

Interpretation

3

4

5

6

7

8

10

11

26

INTERPRETATION

27

Successive estates in same person/

Imp. Act¡ª1874, s.57, s.2

Forfeiture

PART I

28

29

30

31

32

LANDLORD AND TENANT

Wrongful receipt of rent/Imp. Act¡ª1833, c.27, s.9

Tenancy from year to year/Imp. Act¡ª1833, c.27, s.8

Tenancy at will/Imp. Act¡ª1833, c.27, s.7

Concealed fraud

Acknowledgments of title/Imp. Act¡ª1833, c.27, s.14

LIMITATION PERIODS

Periods of limitation

Fraudulent concealment

Items of account/R.S.O. 1927, c.106, s.49

ACKNOWLEDGMENTS AND PART PAYMENT

Effect of acknowledgement or part payment/Imp. Acts

1828, c.14, s.1; 1833, c.42, s.5; 1856, c.97, s.13.

One joint debtor or obligor/Imp. Acts¡ª1828, c.14, s.1;

1856, c.97, ss.11 and 14

Where action barred against one/

Imp. Act¡ª1828, c.14, s.1

Endorsement by payee/Imp. Act¡ª1828, c.14, s.3.

Counterclaim

PART II

12

13

14

15

16

CHARGES ON LAND, LEGACIES, ETC.

Charges on land, legacies and personalty of

intestates/See Real Property Limitation Act.

1874, c.57, s.8/23 and 24 Vict. 1860, c.38, s.13.

Moneys payable under agreements of sale

Arrears of rent, interest and damages/

R.S.O. 1927, c.106, s.17

Prior mortgagee in possession/

Imp. Act¡ª1833, c.27, s.42

Money secured by express trust/

Imp. Act¡ª1874, c.57, s.10

PART III

Land

17

18

RIGHT TO TAKE PROCEEDINGS

Rev. Stat. c. 80, s.63

General principle/Imp. Act¡ª1874, c.57, s.1

19

20

21

22

SPECIAL CASES

Dispossession, etc./Imp. Act¡ª1833, c.27, s.3

Succession on death/Imp. Act¡ª1833, c.27, s.3

Alienation/Imp. Act¡ª1833, c.27, s.3

Forfeiture/Imp. Act¡ª1833, c.27, s.3

23

24

25

PART IV

DISABILITIES

Further time in case of disability/

See Imp. Act 1623, c.16, s.7.

FUTURE ESTATES

Owner of particular estate out of possession/

Imp. Act¡ª1874, c.57, s.2

Owner of particular estate out of possession/

Imp. Act¡ª1874,c.57.s.2

Settlement while statute is running/

Imp. Act¡ª1874, s.57, s.2

Mortgages of Real and Personal Property

33

34

35

REDEMPTION

When mortgagee in possession/

Imp. Act¡ª1874, c.57, s.7

FORECLOSURE OR SALE

When proceedings may be taken/

Imp. Act¡ª1874, c.57, s.8

Payment or acknowledgment by mortgagor/

Imp. Act¡ª1874, c.57, s.8

PART V

36

37

38

Agreements for the Sale of Land

Actions by purchasers of land

Proceedings by vendors of land

Payments or acknowlegments by purchasers

39

40

41

Conditional Sales of Goods

Interpretation

Proceedings by seller of goods

Payments or acknowledgments by purchasers of goods

PART VI

PART VII

42

43

44

TRUSTS AND TRUSTEES

Claim against trustee/Imp. Sup. Ct. Act.

1873, c.66, s.25(2)

Rights of trustee defendant

As against purchaser from express trustee/

Imp. Act¡ª1833, c.27, s.25

PART VIII

45

46

47

48

49

50

51

52

53

GENERAL

Possession/Imp. Act¡ª1833, c.27, s.10

Expiry of statutory period/Imp. Act¡ª1833, c.27, s.34

Title of administrator/ Imp. Act¡ª1833.c.27.s.6

Disabilities/Imp. Act¡ª1874.c.57.s.3

Defendant out of the province/See Imp. Act¡ª1623,

c.16, s.7; Also Civil Procedure Act, 1833, c.42, s.4

Joint debtors, etc., within the province/

See Imp. Act¡ª1856, c.97, s.11

Application of Act

Rules of equity

Interpretation

FOR HISTORICAL REFERENCE ONLY

9

SHORT TITLE

CHAPTER 70

An Act respecting the Limitation of Actions

SHORT TITLE

Short title

1

This Act may be cited as The Limitation of Actions Act.

1932, c.18, s.1; R.S.S. 1940, c.70, s.1.

INTERPRETATION

Interpretation

2

In this Act, unless the context otherwise requires, the expression:

1. ¡°Action¡± means any civil proceeding, and includes a civil proceeding by or

against the Crown;

¡°Assurance¡±

2. ¡°Assurance¡± means any transfer, deed or instrument, other than a will, by

which land may be conveyed or transferred;

¡°Disability¡±

3.

¡°Disability¡± means disability arising from infancy or unsoundness of mind;

¡°Heirs¡±

4. ¡°Heirs¡± includes the persons entitled beneficially to the real estate of a deceased

intestate;

¡°Land¡±

5. ¡°Land¡± includes all corporeal hereditaments, and any share or any freehold or

leasehold estate or any interest in any of them;

¡°Mortgage¡±

6. ¡°Mortgage¡± includes charge, ¡°mortgagor¡± includes chargor, and ¡°mortgagee¡±

includes chargee;

¡°Proceedings¡±

7. ¡°Proceedings¡± includes action, entry, taking of possession, distress and sale

proceedings under an order of a court or under a power of sale contained in a

mortgage or conferred by statute;

¡°Rent¡±

8.

¡°Rent¡± means a rent service or rent reserved upon a demise;

¡°Rent charge¡±

9. ¡°Rent charge¡± includes all annuities and periodical sums of money charged

upon or payable out of land.

1932, c.18, s.2; R.S.S. 1940, c.70, s.2.

FOR HISTORICAL REFERENCE ONLY

¡°Action¡±

4

c. 70

LIMITATION OF ACTIONS

PART I

LIMITATION PERIODS

Periods of limitation

3(1) The following actions shall lie commenced within and not after the times

respectively hereinafter mentioned:

31 Elizabeth c.5, s.5 (1589)

(a) actions for penalties imposed by any statute brought by an informer suing

for himself alone or for the Crown as well as for himself, or by any person

authorized to sue for the same, not being the person aggrieved, within one

year after the cause of action arose;

Imp. Act, 1833, c.42, s.3.

(b) actions for penalties, damages or sums of money in the nature of penalties

given by any statute to the Crown or the person aggrieved, or partly to one and

partly to the other, within two years after the cause of action arose;

Imp. Act, 1623, c.16, s.3

Idem

(d) actions for trespass to the person, assault, battery, wounding or other

injury to the person, whether arising from an unlawful act or from negligence,

or for false imprisonment, or for malicious prosecution or for seduction within

two years after the cause of action arose;

Idem

(e) actions for trespass or injury to real property or chattels, whether direct

or indirect, and whether arising from an unlawful act or from negligence, or

for the taking away, conversion or detention of chattels, within six years after

the cause of action arose;

Imp. Act¡ª1623, c.16, s.3; 1833, c.42, s.3; 1856, c.97, s.9; R.S.S. 1930, c.58

(f) actions for the recovery of money, except in respect of a debt charged upon

land, whether recoverable as a debt or damages or otherwise, and whether

on a recognizance, bond, covenant or other specialty or on a simple contract,

express or implied, and actions for an account or for not accounting within six

years after the cause of action arose;

(g) actions grounded on fraudulent misrepresentation, within six years from

the discovery of the fraud;

(h) actions grounded on accident, mistake or other equitable ground of relief

not hereinbefore specifically dealt with, within six years from the discovery

of the cause of action;

(i) actions on a judgment or order for the payment of money, within ten years

after the cause of action thereon arose;

(j) any other action not in this Act or any other Act specifically provided for,

within six years after the cause of action arose.

FOR HISTORICAL REFERENCE ONLY

(c) actions of defamation, whether libel or slander, within two years of the

publication of the libel or the speaking of the slanderous words, or where

special damage is the gist of the action, within two years after the occurrence

of such damage;

5

LIMITATION OF ACTIONS

c. 70

(2) Nothing in this section shall extend to any action where the time for bringing

the action is by statute specially limited.

1932, c.18, s.3.

(3) The period during which proceedings against a debtor are stayed and the period

during which a proposal is binding upon a debtor and his creditor under the Farmers¡¯

Creditors Arrangement Act, 1934 (Canada) shall not be included in calculating the

time within which any action or other proceeding must be commenced under this

Act.

1936, c.20, s.1; R.S.S. 1940, c.70, s.3.

Fraudulent concealment

4 When the existence of a cause of action has been concealed by the fraud of the

person setting up this Part or Part II as a defence, the cause of action shall be deemed

to have arisen when the fraud was first known or discovered.

1932, c.18, s.4; R.S.S. 1940, c.70, s.4.

5 No claim in respect of an item in an account which arose more than six years

before the commencement of the action shall be enforceable by action by reason only

of some other claim in respect of another item in the same account having arisen

within six years next before the commencement of the action.

1932, c.18, s.5; R.S.S. 1940, c.70, s.5.

DISABILITIES

Further time in case of disability/See Imp. Act 1623, c.16, s.7.

6 If a person entitled to bring any action mentioned in clauses (c) to (i) inclusive of

subsection (1) of section 3 is under disability at the time the cause of action arises,

he may bring the action within the time hereinbefore limited with respect to such

action or at any time within two years after he first ceased to be under disability.

1932, c.18, s.6; R.S.S. 1940, c.70, s.6.

ACKNOWLEDGMENTS AND PART PAYMENT

Effect of acknowledgement or part payment/Imp. Acts¡ª1828, c.14, s.1; 1833, c.42, s.5; 1856, c.97,

s.13.

7(1) Whenever any person who is, or would have been but for the effluxion of time,

liable to an action for the recovery of money as a debt, or his agent in that behalf:

(a) conditionally or unconditionally promises his creditor or the agent of the

creditor in writing signed by the debtor or his agent to pay the debt; or

FOR HISTORICAL REFERENCE ONLY

Items of account/R.S.O. 1927, c.106, s.49

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