Category: Limitations of Action

Two Passers, Two Hunters

[first posted on Slaw, Nov 2, 2012]

When jurisdictions enact new legislation governing limitation periods for causes of action, the legislation will deal with the transition between the old regime and the new. Transition provisions are needed because incidents alleged to create causes of action may have occurred while the old legislation was in force but the action was not commenced until after the new legislation took effect.

Duchesne v. St-Denis, 2012 ONCA 699 is such a case.

It is an important case for Ontario lawyers on the interpretation of Ontario’s the Limitations Act, 2002, particular where the injured person was under the age of majority when the injury occurred. It may also be relevant to other Canadian jurisdictions which have equivalent legislation.

Continue reading