Acts and Regulations

L-8.5 - Limitation of Actions Act

Section 33
Disposition versions

Full text
Fatal Accidents Act
33(1)Subsection 2(2) of the Fatal Accidents Act, chapter F-7 of the Revised Statutes, 1973, is amended by striking out “Subject to subsection (5)” and substituting “Subject to subsections (5) and 8(3.1)”.
33(2)Subsection 5(4) of the Act is repealed and the following is substituted:
5(4)No application shall be made under subsection (1) by a person barred from bringing an action under this Act because of the expiration of a period set out in paragraph 8(4)(a) or (b), but where such an application is made not earlier than 3 months before the expiration of that period, the judge may, if he or she thinks it just to do so, extend for a period not exceeding one month the time within which an action may be brought as provided in subsection 8(4).
33(3)Section 8 of the Act is amended
(a) in subsection (3) by striking out “lapse of time or”;
(b) by adding after subsection (3) the following:
8(3.1)If the deceased, at the time of his or her death, could not have brought an action against the tortfeasor by reason of lapse of time, a person who, if not for this subsection, would be entitled to bring an action under this Act is barred from doing so.
(c) by repealing subsection (4) and substituting the following:
8(4)Except where it is expressly declared in another Act that it operates notwithstanding this Act and subject to subsection 5(4), an action, including an action to which subsection 2(5) or (6) applies, shall not be brought under this Act after the earlier of
(a) two years from the day on which the person bringing the action first knew or ought reasonably to have known that the wrongful act, neglect or default of the tortfeasor caused the death or contributed to the cause of death of the deceased, and
(b) five years from the day of the death of the deceased.
Fatal Accidents Act
33(1)Subsection 2(2) of the Fatal Accidents Act, chapter F-7 of the Revised Statutes, 1973, is amended by striking out “Subject to subsection (5)” and substituting “Subject to subsections (5) and 8(3.1)”.
33(2)Subsection 5(4) of the Act is repealed and the following is substituted:
5(4)No application shall be made under subsection (1) by a person barred from bringing an action under this Act because of the expiration of a period set out in paragraph 8(4)(a) or (b), but where such an application is made not earlier than 3 months before the expiration of that period, the judge may, if he or she thinks it just to do so, extend for a period not exceeding one month the time within which an action may be brought as provided in subsection 8(4).
33(3)Section 8 of the Act is amended
(a) in subsection (3) by striking out “lapse of time or”;
(b) by adding after subsection (3) the following:
8(3.1)If the deceased, at the time of his or her death, could not have brought an action against the tortfeasor by reason of lapse of time, a person who, if not for this subsection, would be entitled to bring an action under this Act is barred from doing so.
(c) by repealing subsection (4) and substituting the following:
8(4)Except where it is expressly declared in another Act that it operates notwithstanding this Act and subject to subsection 5(4), an action, including an action to which subsection 2(5) or (6) applies, shall not be brought under this Act after the earlier of
(a) two years from the day on which the person bringing the action first knew or ought reasonably to have known that the wrongful act, neglect or default of the tortfeasor caused the death or contributed to the cause of death of the deceased, and
(b) five years from the day of the death of the deceased.
Fatal Accidents Act
33(1)Subsection 2(2) of the Fatal Accidents Act, chapter F-7 of the Revised Statutes, 1973, is amended by striking out “Subject to subsection (5)” and substituting “Subject to subsections (5) and 8(3.1)”.
33(2)Subsection 5(4) of the Act is repealed and the following is substituted:
5(4)No application shall be made under subsection (1) by a person barred from bringing an action under this Act because of the expiration of a period set out in paragraph 8(4)(a) or (b), but where such an application is made not earlier than 3 months before the expiration of that period, the judge may, if he or she thinks it just to do so, extend for a period not exceeding one month the time within which an action may be brought as provided in subsection 8(4).
33(3)Section 8 of the Act is amended
(a) in subsection (3) by striking out “lapse of time or”;
(b) by adding after subsection (3) the following:
8(3.1)If the deceased, at the time of his or her death, could not have brought an action against the tortfeasor by reason of lapse of time, a person who, if not for this subsection, would be entitled to bring an action under this Act is barred from doing so.
(c) by repealing subsection (4) and substituting the following:
8(4)Except where it is expressly declared in another Act that it operates notwithstanding this Act and subject to subsection 5(4), an action, including an action to which subsection 2(5) or (6) applies, shall not be brought under this Act after the earlier of
(a) two years from the day on which the person bringing the action first knew or ought reasonably to have known that the wrongful act, neglect or default of the tortfeasor caused the death or contributed to the cause of death of the deceased, and
(b) five years from the day of the death of the deceased.