Acts and Regulations

L-8.5 - Limitation of Actions Act

Section 8.1
Disposition versions

Full text
Recovery of land
2011, c.17, s.2
8.1(1)The following definitions apply in this section.
“lease” includes a periodic tenancy and a tenancy at will.(bail)
“predecessor” , with respect to a claimant or defendant, means a person from whom or through whom the claimant or defendant has obtained possession of, or derives the right of possession of, land.(prédécesseur)
“present interest” means an estate or interest on which a future estate or interest is expectant.(intérêt actuel)
8.1(2)Subject to subsections (3) and (4), a claim to recover possession of land shall not be brought after the defendant and any predecessors of the defendant have dispossessed the claimant and any predecessors of the claimant for a continuous period of
(a) fifteen years, or
(b) if the claimant is the Crown, 60 years.
8.1(3)If a period of dispossession begins while land is subject to a present interest and continues after the present interest terminates, a claim to recover possession of the land shall not be brought after the later of
(a) the end of the period described in subsection (2), and
(b) five years after the present interest terminates.
8.1(4)If a period of dispossession begins during a fixed term lease, a claim by the landlord to recover possession of the land shall not be brought after the later of
(a) the end of the period described in subsection (2), and
(b) five years after the fixed term ends.
8.1(5)For the purposes of this section,
(a) if rent is payable under a lease, a period of dispossession of a landlord by a tenant begins when the tenant ceases to pay rent;
(b) when one or more joint tenants or tenants in common of land are in possession of more than their undivided share of the land for their own benefit or for that of a third party, the other joint tenants or tenants in common are dispossessed of the land.
8.1(6)On the expiry of a limitation period under this section, the claimant’s right or title to the land is extinguished.
2011, c.17, s.2
Recovery of land
2011, c.17, s.2
8.1(1)The following definitions apply in this section.
“lease” includes a periodic tenancy and a tenancy at will.(bail)
“predecessor” , with respect to a claimant or defendant, means a person from whom or through whom the claimant or defendant has obtained possession of, or derives the right of possession of, land.(prédécesseur)
“present interest” means an estate or interest on which a future estate or interest is expectant.(intérêt actuel)
8.1(2)Subject to subsections (3) and (4), a claim to recover possession of land shall not be brought after the defendant and any predecessors of the defendant have dispossessed the claimant and any predecessors of the claimant for a continuous period of
(a) fifteen years, or
(b) if the claimant is the Crown, 60 years.
8.1(3)If a period of dispossession begins while land is subject to a present interest and continues after the present interest terminates, a claim to recover possession of the land shall not be brought after the later of
(a) the end of the period described in subsection (2), and
(b) five years after the present interest terminates.
8.1(4)If a period of dispossession begins during a fixed term lease, a claim by the landlord to recover possession of the land shall not be brought after the later of
(a) the end of the period described in subsection (2), and
(b) five years after the fixed term ends.
8.1(5)For the purposes of this section,
(a) if rent is payable under a lease, a period of dispossession of a landlord by a tenant begins when the tenant ceases to pay rent;
(b) when one or more joint tenants or tenants in common of land are in possession of more than their undivided share of the land for their own benefit or for that of a third party, the other joint tenants or tenants in common are dispossessed of the land.
8.1(6)On the expiry of a limitation period under this section, the claimant’s right or title to the land is extinguished.
2011, c.17, s.2