In This Case: Limitations Act, Pt. 1

By Ian Carruthers and Noel Harper

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Imagine that you are a Justice hearing an application by a defendant to summarily dismiss a claim, on the basis that it was commenced outside of the limitation period. Here is a timeline of the case in question:

On February 18th, 2003, the defendant granted the plaintiff a lease to extract gravel from their land.

On July 18th, 2004, the defendant granted an oil and gas company a pipeline right-of-way on the land, which impaired the gravel lease he entered with the plaintiff. The defendant did not give the plaintiff any notice of the pipeline right-of-way, and only asked the plaintiff to consent to a temporary agreement to set up a work camp without mentioning what it was for.

On June 25th, 2005, the plaintiff consented to the agreement and initialed the camp location on a map – which also showed the pipeline right-of-way. The plaintiff would later testify that they did not notice the pipeline right-of-way.

On an unknown date after the plaintiff consented to what they assumed was a temporary imposition of the lease, they noticed that a pipeline had indeed been plowed into the land.

In October of 2012, the plaintiff obtained a Land Titles Certificate and became aware of the pipeline right-of-way that the defendant granted the oil and gas company eight years before.

The plaintiff commenced an action on January 29th, 2013.

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When did the limitation period in this case begin to run?

Did you get it right? Check out the next post for the answer and a brief explanation of the case.