39Section 9 of the Survival of Actions Act, chapter S-18 of the Revised Statutes, 1973, is amended
(a)
in subsection (1) by striking out “Notwithstanding the Limitation of Actions Act or any other Act” and substituting “Notwithstanding any Act”;
(b)
by repealing subsection (2) and substituting the following:
9(2)Subject to subsection (2.1), proceedings on a cause of action that survives under section 2 shall not be brought after 2 years from,
(a)
if the cause of action is discovered by the person in whom the cause of action was vested before death, the day of the death of the person, and
(b)
if the cause of action is discovered after the death of the person in whom the cause of action was vested before death, the day the cause of action is discovered by the person bringing the action.
(c)
by adding after subsection (2) the following:
9(2.1)Proceedings on a cause of action that survives under section 2 shall not be brought after 5 years from the day of the death of the person in whom the cause of action was vested before death.
(d)
by repealing subsection (3) and substituting the following:
9(3)Subject to subsection (3.1), proceedings on a cause of action that survives under section 3 or 4 shall not be brought after 2 years from the later of
(a)
the day of the death of the person against whom the cause of action subsisted or was deemed to have been subsisting before death, and
(b)
the day the cause of action is discovered by the person who has the cause of action.
(e)
by adding after subsection (3) the following:
9(3.1)Proceedings on a cause of action that survives under section 3 or 4 shall not be brought after 5 years from the day of the death of the person against whom the cause of action subsisted or was deemed to have been subsisting before death.
9(3.2)For the purposes of subsections (2) and (3), a cause of action is discovered by a person on the day on which that person first knew or ought reasonably to have known that the cause of action existed.
39Section 9 of the Survival of Actions Act, chapter S-18 of the Revised Statutes, 1973, is amended
(a)
in subsection (1) by striking out “Notwithstanding the Limitation of Actions Act or any other Act” and substituting “Notwithstanding any Act”;
(b)
by repealing subsection (2) and substituting the following:
9(2)Subject to subsection (2.1), proceedings on a cause of action that survives under section 2 shall not be brought after 2 years from,
(a)
if the cause of action is discovered by the person in whom the cause of action was vested before death, the day of the death of the person, and
(b)
if the cause of action is discovered after the death of the person in whom the cause of action was vested before death, the day the cause of action is discovered by the person bringing the action.
(c)
by adding after subsection (2) the following:
9(2.1)Proceedings on a cause of action that survives under section 2 shall not be brought after 5 years from the day of the death of the person in whom the cause of action was vested before death.
(d)
by repealing subsection (3) and substituting the following:
9(3)Subject to subsection (3.1), proceedings on a cause of action that survives under section 3 or 4 shall not be brought after 2 years from the later of
(a)
the day of the death of the person against whom the cause of action subsisted or was deemed to have been subsisting before death, and
(b)
the day the cause of action is discovered by the person who has the cause of action.
(e)
by adding after subsection (3) the following:
9(3.1)Proceedings on a cause of action that survives under section 3 or 4 shall not be brought after 5 years from the day of the death of the person against whom the cause of action subsisted or was deemed to have been subsisting before death.
9(3.2)For the purposes of subsections (2) and (3), a cause of action is discovered by a person on the day on which that person first knew or ought reasonably to have known that the cause of action existed.
39Section 9 of the Survival of Actions Act, chapter S-18 of the Revised Statutes, 1973, is amended
(a)
in subsection (1) by striking out “Notwithstanding the Limitation of Actions Act or any other Act” and substituting “Notwithstanding any Act”;
(b)
by repealing subsection (2) and substituting the following:
9(2)Subject to subsection (2.1), proceedings on a cause of action that survives under section 2 shall not be brought after 2 years from,
(a)
if the cause of action is discovered by the person in whom the cause of action was vested before death, the day of the death of the person, and
(b)
if the cause of action is discovered after the death of the person in whom the cause of action was vested before death, the day the cause of action is discovered by the person bringing the action.
(c)
by adding after subsection (2) the following:
9(2.1)Proceedings on a cause of action that survives under section 2 shall not be brought after 5 years from the day of the death of the person in whom the cause of action was vested before death.
(d)
by repealing subsection (3) and substituting the following:
9(3)Subject to subsection (3.1), proceedings on a cause of action that survives under section 3 or 4 shall not be brought after 2 years from the later of
(a)
the day of the death of the person against whom the cause of action subsisted or was deemed to have been subsisting before death, and
(b)
the day the cause of action is discovered by the person who has the cause of action.
(e)
by adding after subsection (3) the following:
9(3.1)Proceedings on a cause of action that survives under section 3 or 4 shall not be brought after 5 years from the day of the death of the person against whom the cause of action subsisted or was deemed to have been subsisting before death.
9(3.2)For the purposes of subsections (2) and (3), a cause of action is discovered by a person on the day on which that person first knew or ought reasonably to have known that the cause of action existed.