Weeks 3 & 4Starting an action - Peter A. Allard School of Law

Weeks 3 & 4Starting an action - Peter A. Allard School of Law

Weeks 3 & 4 Starting an action UBC LAW 469.003 Civil Procedure: Crerar/Cameron DM #3237335:v2 Overview 1. Guide to reading and interpreting rules 2. Starting a proceeding

Basic action: start of proceeding Choice of procedure? Notice of Civil Claim or Petition? Service Default Judgment

Pre-proceeding considerations Jurisdiction? Limitation Periods? 3. Ethics of starting a proceeding 2 Powers of the court Inherent Jurisdiction: quasi-magic concept: Masters have

no inherent jurisdiction Default rule: Superior Courts possess the power to decide on an issue before it unless that power has been taken away In contrast: some courts can only exercise only those specific powers conferred by statute Masters Provincial Courts Court of Appeal Federal Court (only shipping, tax, I.P., immigration, etc., as set by statute) 3

Chamber appeals Levels of appeal o Master BCSC Judge BCCA SCC Procedural matter can also be heard by a BCSC judge, but doing so eliminates one level of appeal Stare decisis - Master bound by decisions of BCSC 4

Making mistakes Small mistakes can be detrimental to a case, for both the outcome and in terms of costs Good news: Rule 1-3: Object of the Rules : The object of these Supreme Court Civil Rules is to secure the just, speedy and inexpensive determination of every proceeding on its merits 5 Mistakes can be fixed

Rule 22-7(1): Non-compliance with Rules (1) Unless the court otherwise orders, a failure to comply with these Supreme Court Civil Rules must be treated as an irregularity and does not nullify (a) a proceeding, (b) a step taken in the proceeding, or (c) any document or order made in the proceeding. Rule 22-7(3): Proceeding must not be set aside for incorrect originating pleading (3) The court must not wholly set aside a proceeding on the ground that the proceeding was required to be started by an originating

pleading other than the one employed. 6 But cannot fix when prejudicial Rule 22-7(4): Application to set aside for irregularity (4) An application for an order under subrule (2) (a), (b) or (d) must not be granted unless the application is made (a) within a reasonable time, and (b) before the applicant has taken a fresh step

after knowledge of the irregularity. 7 Overview of action 1. Notice of Civil Claim Facts Relief Legal Basis 2. Response: within 21 days

Admit Deny Facts cannot be admitted as outside knowledge Relief: consent, appeal Legal basis 3. List of Documents

No demand needed: automatically due after 35 days 4. Examinations for discovery 5. Other interlocutory battles 6. Trial / hearing 8 Choice of procedure Action Petition

9 Choice of procedure Action Petition Seeking: order that one side pay money (damages or debt) to the other Seeking: order granting permission or declaring

Horizontal dispute Vertical request Can discover facts and develop case as proceeding goes along Need to present entire case at beginning, with petition or response no wait & see Alternative pleadings ok

Must answer affirmatively Document & oral discovery No discovery Facts disputed No factual dispute Credibility at issue

No credibility at issue Trial, with cross-examination of live witness Summary determination, on affidavits 10 Petition Oddity; less common Seek quick specific relief from court o Usual relief: declaration or permission

Assumed not to have disputed facts No cross-examination in court of fact discovery Can convert into action, and have trial, or order discovery 11 When to bring a petition No grand unifying theme for what matters are to be brought by petition, except that traditionally viewed to be potentially resolved at single summary hearing

Rule 2-1(2) main categories of petition 2-1(2)(a): applicant: only interest part: quintessential petition 2-1(2)(b): authorized to by made by statute 2-1(2)(c ): interpretation of a document 2-1(2)(d): guidance or declaration from Court as to proper administration of estate 2-1(2)(e): guidance or permission re child or disabled person 2-1(2)(h): declaration re solicitor-client privilege 3(c): money into or out of court sought: e.g. interpleader: R10-3 12 Petition authorized to be made by statute

Rule 2-1(2)(b): Commencing proceedings by petition or requisition the proceeding is brought in respect of an application that is authorized by an enactment to be made to the court Examples from statutes

Declaration as to priority: Personal Property Security Act Bankruptcy Foreclosure Companies Creditors Arrangement Act Common: Court Order Enforcement Act register arbitration or judgment 13 Combined relief What if you seek combined relief? Some petition relief some damages relief Practical approach: start action, seek

declaratory relief even though statue has may apply language, and in theory, the relief must be sought by a petition Better and technically accurate (Leung): start two proceedings: NCC and Petition e.g. oppression remedy and wrongful dismissal 14 Combined relief If you make an error, and bring a writ instead of a petition, the court can permit it to continue

Leung Leung: plaintiff has a debt; damages and breach of trust claim, throw in an oppression remedy claim under the (old) Company Act Rule 1-3: just, speedy, and inexpensive Plaintiffs technically in error: successful, but denied costs of application because they caused the problem 15 Petition (Tab A) 16

Petition (Tab A) 17 Petition (Tab A) 18 Petition (Tab A) 19

Petition (Tab A) 20 Petition (Tab A) 21 Notice of civil claim I. Facts concise statement of facts asserted by plaintiff

II. Relief Sought damages, injunction, etc. III. Legal basis rules and legal principles relied on not generally cases 22 Notice of Civil Claim

23 Notice of Civil Claim 24 Notice of Civil Claim 25 Notice of Civil Claim

26 Notice of Civil Claim 27 Notice of Civil Claim 28 Notice of Civil Claim

29 Formerly: Writ and Statement of Claim Writ only required a short endorsement: a concise statement of the nature of the claim made and the relief required in the action o Why use endorsement? Pressed for time Other side wont respond or will cave? Dont have full facts: dont want to misstate o Possible return of Writ?

30 Formerly: Writ and Statement of Claim 31 Formerly: Writ and Statement of Claim 32 Formerly: Writ and Statement of Claim

33 Formerly: Writ and Statement of Claim 34 Formerly: Writ and Statement of Claim Appearance Statement of Claim Statement of Defence

35 Renewal of claim Can sit on notice for one year after filed o filing versus service Can apply to renew before expiry of year limit

Test for whether or not to allow renewal: What is just? Prejudice to other side by delay is presumed Rule 3-2(2): Further renewal of notice of civil claim o may only renew once and not more than 12 more months Application brought ex parte: without notice o And thus must be full and frank in disclosing to the court all facts relevant to judges decision whether to renew For example, expiry of limitation period 36

Ethical issues starting a claim You are an officer of the court you owe duties to your client, but also owe duties to the court Cannot commence frivolous lawsuits o Do not need to think you will succeed: you are permitted to start an action that will likely fail Distinction: case that you have all the facts and law and that clearly will fail versus a case where you anticipate obtaining evidence through discovery Must be reasonable probability of success Good faith test Should not act as judge of clients case

37 Ethical issues starting a claim Cannot deceive court Wise to conduct some due-diligence, cross examine clients, do internet research Often practical concerns (costs, etc) allow you to avoid ultimate issue of whether or not a suit is frivolous o Retainer can flush out frivolous claims o Give a very clear litigation budget o Give a realistic range of damage awards

o Blunt talk on exposure to costs award if they lose 38 Best practices Always practice in a manner that allows you to hold your head high: o Honourable to prosecute or defend a difficult claim o But you will get a reputation among courts and lawyers if you regularly prosecute or defend frivolous claims

39 Service of process After filing, it is fundamental and crucial that that the rules regarding service are followed Personal Service vs. Ordinary Service o Personal service (Rule 4-3) on person: must be used at start of proceeding, to ensure notice o Thereafter, Ordinary Service (Rule 4-2) acceptable, with some exceptions Ordinary Service: delivery to address, email or fax machine

40 Personal service Special procedures for personal service on certain kinds of defendants if there is any risk of quibbling Rule 4-3: Personal Service o Rule 4-3(2): person; corporation Registered office (usually law firm) Perform company search and deliver to that office oRule 4-3(4)(b): city: mayor or clerk oRule 4-3(2)(c): union, unincorporated: officer

oRule 4-3(2)(d): infant: parent or guardian or if orphan, then Public Trustee (Infants Act) oRule 4-3(2)(e): mentally incompetent person: committee /Public Trustee oRule 4-3(6): Attorney General: solicitor on staff of Attorney General in Victoria 41 Service: Practical issues Practical: process server will do service

o Hand to defendant and get signature Avoid carrying out the service yourself unless its absolutely necessary If you know solicitor for the defendant, the usual courtesy is to call and ask if they will accept service 42 Orazio v. Ciulla Facts

o Separate law firms sharing one law office for a litigator (counsel for the Plaintiff) and a solicitor who represented the Defendant client for business law o After writ issued but before being served, the solicitor helped the Plaintiff in negotiations concerning an auto claim versus the Defendant o The Defendant in the auto claim came to the office to see the Solicitor and glanced at the Writ Valid service? o Yes Ratio

o Not necessary to ensure that the document actually remains in defendants possession at the end of the exchange 43 Test for service 1. Deliver claim/petition to person 2. Inform the person what the document is such that he or she knows or ought to know what document is. 44

Service: ethical Issues Very careful: special costs/ judicial condemnation Can you serve anywhere? At a mosque? At a wedding? Serving in an inappropriate location can: o Harm your reputation in court o Harm the case, by making it more difficult to settle 45 Alternative Service

Rule 4-4 Alternative Service What if you cannot find the defendant or s/he keeps escaping? Must prove: o Impracticable: not capable of being done usefully, or at too great a cost or o Person cannot be found after diligent search or o Person is evading service Process server prepares the affidavit but lawyer bears responsibility for omissions Application is done ex parte but may be challenged later at a rehearing

46 Luu v. Wang Rare successful application to set aside alternative service order Luu: obtained ex parte application to serve defendant who was ordinarily a resident in China Order was liberally granted but affidavit did not provide adequate evidence of impracticable (unreasonable to serve personally, given all reasonable efforts) set aside

47 Foreign Service Rule 4-5(10): Manner of service abroad (10) A document may be served outside British Columbia (a) in a manner provided by these Supreme Court Civil Rules for service in British Columbia, (b) in a manner provided by the law of the place where service is made if, by that manner of service, the document could reasonably be expected to come to the notice of the person to be served, or

(c) in a state that is a contracting state under the Convention, in a manner provided by or permitted under the Convention. 48 Foreign Service Problems with Rule 4-5 o Blindly following 4-5(10) may lead to an unenforceable judgment in defendants home jurisdiction o Recent Canadian decisions are not recognizing maverick personal service that

ignore foreign requirements as valid forms of service 49 Foreign Service 14th Hague Convention: 1965 Canada signed in 1988 o For non-objecting states: personal service is valid. Includes the U.S. and the U.K. o objecting states: object to personal service altogether Central Authority arranges for service

Issue: could run out of time on a limitation period waiting for service to occur 50 Foreign Service Not everyone has signed the Hague Convention o e.g. Malaysia, South Africa, Brazil, Singapore, India Physical service o Difficult for some jurisdictions; can be done through the Canadian Embassy

o Some countries require service through government / Central Authority e.g. Switzerland, Japan 51 Response Rule 3-3: Responding to a Notice of Civil Claim o Anywhere in Canada (B.C. or otherwise): 21 days o USA: 35 days o Elsewhere: 49 days

52 Response New Response Part l: Response to Notice of Civil Claim Facts Division 1 Defendants Response to Facts Division 2 Defendants Version of Facts Division 3 Additional Facts Part 2: Response to Relief Sought Part 3: Legal Basis

53 Response 54 Response 55 Response

56 Response 57 Response 58 Response

59 Default judgment Rule 3-8: Default Judgment o If there is no response, o must apply: not automatically a default judgement 60 Austin v. Rescon Construction Facts:

mix-up between counsel Issued a Demand for Particulars (i.e. details) of claim Not a stay (Rule 3-7(24)) but civilized counsel will treat it as such Miracle Feeds test: defaulted defendant must show: 1. Not wilfully or deliberately failing to enter an appearance or file a defence 2. Moves to set aside the default as soon as possible 3. Meritorious defence or at least a defence worthy of investigation 61

Default set-aside fails! Schmid v. Lacey o Did not provide enough evidence of meritorious defence o default judgment allowed and appeal rejected Bank of Montreal v. Erickson o Defendant failed test: Appeared to be willful Delay No evidence of defence worthy of investigation 62

Default judgment: ethical issues Old Professional Conduct Handbook o Default judgments expressly forbidden without warning if you know lawyer on other side New Code of Professional Handbook o Silent o But still give warning! o Why? Default judgments are liberally set aside, so no big advantage in rushing to a default judgment

Adds a potential extra step and associated expenses of defending a default judgment Default judgment can be set aside for serious breach of professional conduct: Henry v. Zurich 63 Default judgment: practical issues Rule 3-8(3): Claim for specific or ascertainable amount o is the claim easy to calculate: mere arithmetic Rule 3-8(5): Claim for damages to be assessed

o If damages are not a liquidated amount, need to proceed to assessment anyway Dont need to serve defaulting party, but the court will likely require it 64 Jurisdiction Strategic concern: do I want to sue in this jurisdiction? o Can choose, but subject to forum non conveniens

Rule: can I sue in this jurisdiction? Used to be less of an issue: first mover who started lawsuit often able to choose jurisdiction 65 History 472900 B.C. Ltd. v. Thrifty Canada, Ltd.: Rental car dispute: race to the registry: Ontario v. BC: 5 days later Old rule: St. Pierre principle plaintiffs choice of forum should be not be lightly denied

Atlantic Star House of Lords changed the law o Move to respect for 2 principles: Order and Fairness o No right to hale person to foreign court without clear connection to that jurisdiction 66 Comity Respect for other countries and their legal systems everything in its right place Not determined by who sues first, but whether this court should assume jurisdiction

67 Current test for jurisdiction 1. Does the court have jurisdiction? 2. Should the court take jurisdiction? For both steps, real and substantial connection is the guiding principle and test 68 Does the court have jurisdiction?

DOES? SHOULD? Jurisdiction simpliciter CJ & PTA, s. 10 Real & substantial connection Low threshold Forum (non) conveniens CJ & PTA, s.11

Real & substantial connection Most appropriate jurisdiction, with the most R&SC 69 Does the court have jurisdiction? Court Jurisdiction & Proceeding Transfer Act (CJ&PTA), s. 10 Basic hurdle Plaintiff has onus of proving

10 Without limiting the right of the plaintiff to prove other circumstances that constitute a real and substantial connection between British Columbia and the facts on which a proceeding is based, a real and substantial connection between British Columbia and those facts is presumed to exist if the proceeding (a) is brought to enforce, assert, declare or determine proprietary or possessory rights or a security interest in property in British Columbia that is immovable or movable property, (b) concerns the administration of the estate of a deceased person in relation to (i) immovable property in British Columbia of the deceased person, or (ii) movable property anywhere of the deceased person if at the time of death he or she was ordinarily resident in British Columbia, (c) is brought to interpret, rectify, set aside or enforce any deed, will, contract or other instrument in relation to (i) property in British Columbia that is immovable or movable property, or (ii) movable property anywhere of a deceased person who at the time of death was ordinarily resident in British Columbia, (d) is brought against a trustee in relation to the carrying out of a trust in any of the following circumstances:

(i) the trust assets include property in British Columbia that is immovable or movable property and the relief claimed is only as to that property; (ii) that trustee is ordinarily resident in British Columbia; (iii) the administration of the trust is principally carried on in British Columbia; (iv) by the express terms of a trust document, the trust is governed by the law of British Columbia, 70 Does the court have jurisdiction? (e) concerns contractual obligations, and (i) the contractual obligations, to a substantial extent, were to be performed in British Columbia, (ii) by its express terms, the contract is governed by the law of British Columbia, or

(iii) the contract (A) is for the purchase of property, services or both, for use other than in the course of the purchaser's trade or profession, and (B) resulted from a solicitation of business in British Columbia by or on behalf of the seller, (f) concerns restitutionary obligations that, to a substantial extent, arose in British Columbia, (g) concerns a tort committed in British Columbia, (h) concerns a business carried on in British Columbia, (i) is a claim for an injunction ordering a party to do or refrain from doing anything (i) in British Columbia, or (ii) in relation to property in British Columbia that is immovable or movable property, (j) is for a determination of the personal status or capacity of a person who is ordinarily resident in British Columbia, (k) is for enforcement of a judgment of a court made in or outside British Columbia or an arbitral award made in or

outside British Columbia, or (l) is for the recovery of taxes or other indebtedness and is brought by the government of British Columbia or by a local authority in British Columbia. 71 Does the court have jurisdiction? Problem: any clever draftsman can choose from a smorgasbord of factors listed in s. 10 of the CJ&PTA Proving s. 10 category is not sufficient, but prima facie gives B.C. court jurisdiction

72 Should the court take jurisdiction? Which jurisdiction has the most real and substantial connection to the dispute and the parties? Examine points of contact between dispute and parties, and different potential forums The defendant has the onus of showing that another jurisdiction clearly has a more real and substantial connection and is thus more appropriate Cases: not a box score, but elements are similar

73 Should the court take jurisdiction? 11 (1) After considering the interests of the parties to a proceeding and the ends of justice, a court may decline to exercise its territorial competence in the proceeding on the ground that a court of another state is a more appropriate forum in which to hear the proceeding. (2) A court, in deciding the question of whether it or a court outside British Columbia is the more appropriate forum in which to hear a proceeding, must consider the circumstances relevant to the proceeding, including (a) the comparative convenience and expense for the parties to the proceeding and for

their witnesses, in litigating in the court or in any alternative forum, (b) the law to be applied to issues in the proceeding, (c) the desirability of avoiding multiplicity of legal proceedings, (d) the desirability of avoiding conflicting decisions in different courts, (e) the enforcement of an eventual judgment, and (f) the fair and efficient working of the Canadian legal system as a whole. 74 Global Light Telecommunications Nightmare case: several possible jurisdictions: B.C., California, Mexico

o See factors in s. 10 of CJ&PTA Plaintiffs right to choose no longer a significant factor: comity Avoid parallel actions in multiple jurisdictions Not a box score; factors may have different weight 75 Jurisdiction: procedure Rule 21-8: Jurisdictional Disputes 1) A party who has been served with an originating pleading or petition in

a proceeding, whether that service was effected in or outside British Columbia, may, after filing a jurisdictional response in Form 108, a) apply to strike out the notice of civil claim, counterclaim, third party notice or petition or to dismiss or stay the proceeding on the ground that the notice of civil claim, counterclaim, third party notice or petition does not allege facts that, if true, would establish that the court has jurisdiction over that party in respect of the claim made against that party in the proceeding, b) apply to dismiss or stay the proceeding on the ground that the court does not have jurisdiction over that party in respect of the claim made against that party in the proceeding, or c) allege in a pleading or in a response to petition that the court does not have jurisdiction over that party in respect of the claim made against that party in

the proceeding. 76 Limitation periods Limitation periods protect individual from the prejudice of ancient claims and protect the integrity of the justice system Limitation periods are the amount of time given to start a claim by filing a Notice of Civil Claim or Petition in registry In B.C., the limitation period generally is 2 years after the claim is discoverable

o Clock stops running at time of filing Not time of service Not time of trial 77 Limitation periods Why have limitation periods? o In practice, lawsuits determined based on mundane details Source of limitation periods

o Limitation Act o maze of various limitation periods in statutes Important: do not assume Limitation Act applies to all claims 78 Old Limitations Act Various specific limitation periods under Old Act o 2 years for damages in respect of injury to person or property, including economic loss arising from the injury, whether based on contract, tort or statutory duty

o 10 years for fraud or fraudulent breach of trust to which trustee was party or privy o No limitation period for cause of action based on misconduct of a sexual nature where misconduct occurred while person was a minor o 6 year default: any other action not specified in the Act 79 New Limitations Act (2012) Basic 2-year limitation period for all claims 80

Discoverability Because of the potential unfairness, the 2 year starts from the date on which claim is discovered General discovery rules 8 Except for those special situations referred to in sections 9 to 11, a claim is discovered by a person on the first day on which the person knew or reasonably ought to have known all of the following: a) that injury, loss or damage had occurred; b) that the injury, loss or damage was caused by or contributed to by an act or

omission; c) that the act or omission was that of the person against whom the claim is or may be made; d) that, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or damage. 81 Discoverability cont Court expects due diligence, in terms of:

o Discovering claim Cannot turn a blind eye o Investigating claim o If appropriate, consulting with others to determine if they have a claim o Bringing a lawsuit 82 A bit of history Significant issue: is discoverability objective or

subjective? Objective / Subjective Test: requires the court to adopt the perspective of a reasonable person who knows the facts that are within the plaintiffs knowledge and has taken the appropriate advice a reasonable person would seek on those facts. Time does not begin to run until this reasonable person would conclude that someone in the plaintiffs position could, acting reasonably in light of his or her own circumstances and interests, bring an action. 83

Novak v. Bond 1989-1990: saw doctor; said that she thought she might have breast cancer; he said no October 1990: sees specialist: it is in fact cancer; spread; mastectomy 1990-1991: chemo; extremely ill October 1991: thinks about suing first doctor; discusses with parish priest; decides to focus on healing 1991-1995: Cancer free; thinks she is fine 1995: recurs; cancer has spread seriously; recurrence of earlier cancer missed by original doctor April 1996: sued; claimed that original doctors failure to diagnose

cancer caused or contributed to plaintiffs 1995 cancer 84 (2003) K.L.B. v. British Columbia Plaintiffs: ex-foster children Alleged physical and sexual abuse o Only physical abuse claims relevant here; some claims were for sexual abuse so no limitation Sued abuser directly and sued government under variety of claims Personal injury from physical abuse: how many

years? o Extra complication: for children, limitation clock start ticking upon reaching age of majority 85 (2003) K.L.B. v. British Columbia

1966-1968: foster homes No actions until 1994 Age of majority for the youngest was reached in 1980 1986: saw lawyer 1990: complain to ombudsman: seek financial compensation Plaintiffs argued that until they received the psychological report, they did not have a thorough understanding of the harm that they had suffered, until after they started the lawsuits 86

Postponement Under the New Act, the claim is not discovered until minor reaches the age of majority (i.e. 19 years) or person under disability stops being under disability 87 Running of Time Postponed Example 1 Defendant steals 10-year-old victims share certificates

Postponed until victim turns 19 years old 19 years old: clock starts running: must sue by 21st birthday And ULP starts too (i.e. if theft discovered late, limitation period could be stretched to age 34) Example 2 Adult plaintiff in car accident in 2013

In coma until 2020 Postponed until 2020 Must sue by 2022. ULP expires 2035. 88 Running of Time Postponed Example 3 Adult plaintiff in car accident in 2013 In coma until 2020 Clock does not run; postponed until 2020 Must sue by 2022

But in 2021, slips back into coma Time stops running again Out of coma 2026 Must sue by 2027 89 Ultimate limitation period Counterweight to discoverability principle Maximum limitation period, taking into account extension provided by discoverability Why? People and courts need finality and closure

Old Act: 30 years New Act: 15 years Note: in the case of a minor or person under disability, the 15 year ultimate limitation period beings when the minor turns 19 or when the person ceases to be under a disability Note: ultimate limitation period clock starts to run when the act or omission occurs; does not wait for all elements of a cause of action o starts ticking even without damages 90 Ultimate Limitation Period Example 1

Jan 1, 2014 Plaintiff receives negligently incorrect investment advice: Act/omission starts clock Jan 1, 2016 Plaintiff acts on advice Jan 1, 2017 Actual damage occurs as a result of advice 15 Y ULP Jan 1, 2028 Plaintiff speaks to new advisor and learns that earlier advice was negligent:

discovers claim and sues immediately: SAFE Jan 1, 2029 Ultimate limitation period expires, and no claim may be brought, even if discovered late Jan 1, 2030 Plaintiff speaks to new advisor and learns that earlier advice was negligent: discovers claim and tries to sue: TOO LATE 91 Ultimate Limitation Period Example 2A

Jan 1, 2015Builder negligent in putting membrane and stucco on house No leaking occurs or visible until 2040: past 15 Y ULP: cannot sue Example 2B Jan 1, 2015Builder negligent in putting membrane and stucco on house Leaking starts in 2029, but plaintiff does not discover leaking until 2031: past 15 Y ULP: cannot sue 92

Ultimate Limitation Period (contd) Example 3 Jan 1, 2016 2031 2045 Product liability: sunscreen lotion 15 Y ULP expires Not learned that it is carcinogenic until 29 years after manufacture, sale,

and use: past 15 Y ULP: cannot sue 93 Extending the limitation period Counterclaim (s. 22): if the plaintiff brings a lawsuit within the limitation period, the defendant can bring an otherwise-expired counterclaim Acknowledgement (s. 24): if, before the expiry of a limitation period, the defendant acknowledges liability, the 2-year limitation clock starts ticking anew from the date of the acknowledgement

o Generally, acknowledge must be in writing and signed 94 Exceptions No limitation period for o Claims for possession of land where defendant has trespassed o Claims for title to property o Sexual misconduct against minor o Sexual assault of any kind o Assault or battery against a minor or beneficiary in fiduciarybeneficiary relationship o Child / spousal support

o Aboriginal rights & claims recognized in 1982 Constitution 6-year limitation period for claims government brings against you 95

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