Roundup: Avoiding Missed Limitation Periods
TMissed 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, we’ve compiled resources developed by our Subscribers and Partners. While some of the resources included below may be jurisdiction specific, there are more general useful tips throughout to help you avoid missing limitation periods no matter your jurisdiction. If you’re aware of any other useful resources or tips, please let us know!
General Resources:
Beat the Clock: The award-winning publication of the Lawyers’ Insurance Fund (LIF) that offers more than 70 tips to prevent missed deadlines, along with real-life stories behind the mistakes. The content provides both practical guidance and high-quality analysis of complete legal processes and procedures.
Missed limitation – with the best diary system in the world: Short video from LIF offering the top 4 tips based on their claims experience.
Time Management/Missed Limitations: Helpful advice from the Lawyers’ Insurance Association of Nova Scotia (LIANS), no matter what jurisdiction you practice.
Dangers leading to missed limitation periods: More helpful advice from LIANS about the dangers you should be aware of in your practice that can lead to a limitation period slipping between the cracks.
Common Limitation Period Pitfalls and How to Avoid Them: From LAWPRO, as the title says, a list of common pitfalls and how to avoid them.
Limitation Dates, Other Deadlines and Diary Systems: The Law Society of Alberta have put together a comprehensive webpage. While some information is jurisdiction specific, there are general tips for all. See in particular the Law Society’s What to Look for in Limitations Software and Limitations Software Options.
Jurisdiction-Specific Resources:
Manitoba:
Everything Changes – Nothing Remains the Same – The New Limitations Act: See page 12 of the Communique newsletter for an overview of the significant changes to The Limitations Act that came into force on September 30, 2022.
Nova Scotia:
LIANS’ Table of Limitation Periods: PDF table of limitation periods, current to December 19, 2023.
Saskatchewan:
Limitation Periods involving Municipalities and Cities: The limitation period for claims against municipalities and cities is not the standard two-year limitations period pursuant to The Limitation Act, SS 2004, c L-16.1.
Saskatchewan Limitations Manual: The online version of the Manual contains an alphabetical list of all statutes with limitation periods, including The Limitation Act, SS 2004, c L-16.1 and relevant case law annotations. On each statute name listed, a link to the text of the statute as it appears on CanLII allows the user to read the entire act or to search for the specific section within the statute.