Missed Limitation Periods: Claim Examples and Resources

Missed limitation periods continues to be one of the most common claims areas for CLIA Subscriber jurisdictions. Some reasons for missing a limitation period are inadequate office systems, human error and applying the wrong legislation. To help avoid these claims in the future, here are three examples of real claims:

Scenario 1:

• Insured met with the claimant regarding making a claim for damages arising out of an accident.

• Insured opted not to accept the claimant as a client.

• Action not commenced within the two-year limitation period.

• Insured had no documented record of having advised claimant about the limitation period.

Takeaway:

• Can be exposed to liability when giving legal advice, even if you don’t accept a retainer to proceed on behalf of the client.

• Document meeting with prospective client.

Scenario 2:

• Insured represented the claimant in a claim for compensation arising out of an accident.

• Insured misinterpreted and incorrectly recorded the accident date:

  • Accident date written as 02/11/2022

  • Interpreted as November 2, 2022

  • Actual accident date: February 11, 2022

Takeaway:

• Double check interpretation/confirm dates

• Have good communication with client and all parties involved

Scenario 3:

• Client sought damages from an accident that took place in another province.

• Lawyer commended an action in their home province.

• Action should have been commenced in the accident in which the accident took place.

• By the time the error became evident, limitation period to commence an action had expired.

Takeaway:

• When dealing with matter involving another jurisdiction:

  • Consult with a lawyer from that other jurisdiction regarding law of that jurisdiction

  • Consider if the home jurisdiction’s courts could have jurisdiction over the matter

For a list of resources to help avoid missed limitation periods, see our previous post Roundup: Avoiding Missed Limitation Periods.