Legal

October 30, 2023 Published by Manitoba Chapter - By Eric Hrycyk

Manitoba Limitations Act sets new time limit to sue

From the CCI Manitoba Fall 2023 Condominium News and Views Magazine

Manitoba’s new Limitations Act sets a time limit for one party to sue another for injury, loss or damage at two years from the day the reason for the claim is discovered. There are certain exceptions, but once the limitation period has expired, the aggrieved party is generally not permitted to seek recovery from another party. 

This is a significant change from The Limitations of Actions Act, which the new act replaced in September 2022. The changes are explained on the provincial website, excerpted below. 

The old Limitation of Actions Act had several limitation periods, ranging from two to 10 years, based on the type of legal action. The new act’s single limitation period of two years begins to run from the day the claim is discovered — that is, when the person with the claim knew, or ought to have known, the material facts.

There are other significant changes, including an Ultimate Limitation Period, no Limitation Period for proceedings from a sexual assault, and the ability to extend a limitation by agreement. 

This change in legislation may assist condominium corporations and/or owners experiencing problems with water intrusion, or other building failures. But before moving forward on the basis of the new Limitations Act, condominium corporations should consult their legal counsel, who should be familiar with this legislation in particular and condominiums in general. 

Note that CCI Manitoba is unable to provide specific legal advice. For your information, a list of lawyers who are professional members of the Manitoba Chapter of the Canadian Condominium Institute is available on our website. 

For further reading on this topic, here are two links to articles published by local law firms:

• Manitoba’s New Limitations Act – Key changes and best practices for secured lenders published by Melanie LaBossiere of Thompson Dorfman Sweatman
• Manitoba's new Limitations Act easier to understand and more aligned with other provinces’ limitation laws published by Kelsey M. Yakimoski of Fillmore Riley.

And here is a link to the original news release from the province - PROVINCE PROCLAIMS NEW LEGISLATION TO REPEAL AND REPLACE THE LIMITATIONS ACT

Eric Hrycyk is a director of CCI Manitoba Chapter and a condominium owner who is president of his condominium corporation.