This report is to identify and to analyze the policy considerations upon which a limitations system should be based and to derive from that analysis a limitations system which will be as fair and as easily comprehensible as the subject matter permits. This report recommends that Alberta enact a completely new limitations statute, based on recommendations in this report the new Alberta Act will be fairer for all persons and simpler and more comprehensible. A draft Limitations Act is included; the recommendations are relatively bold and are tentative and were neither written nor reviewed by a trained legislative draftsman. They are designed to stimulate discussion and to elicit constructive comments. The report discusses reasons for the limitations system and covers evidentiary reasons, reasons based on peace and repose, and economic and judicial reasons. The problems with the present system are outlined, and the conclusion drawn that the present system does not operate with sufficient fairness and is unnecessarily complex and legalistic. Core recommendations are contained in Chapter 2. The application of the Act, conflict of laws, claims added to a proceeding, persons under disability, concealment by the defendant of facts material to a claim, and agreement, acknowledgement, and part payment are all discussed.
Report For Discussion
Back to Publication SearchLimitations, Report for Discussion 4
Resource Details
Publication No: | 4 |
FORMAT: | Publications |
TAGS: | time, laches, accrual, acknowledgment, action, agency, evidence, Limitation |
FILE: | rfd4.pdf |