The New Limitations Act: Key Changes And What You Need To Know (FULL VERSION)

The Limitations Act, SM 2021, c 44 (the "New Act") repeals and replaces the current legislation, The Limitations of Actions Act, CCSM c L150 (the "Old Act").

The New Act comes into force on September 30, 2022 and brings Manitoba in line with other provinces' legislation on limitation periods.

OVERVIEW

This article will outline 11 of the major changes in the New Act with reference to how these changes compare with the provisions of the Old Act. Those changes are summarized as follows:

1. The Old Act provided for limitation periods ranging from 1 to 10 years. The New Act replaces those with a limitation period of 2 years for most claims.
2. The 2 year limitation period under the New Act begins to run from the day the claim is discovered, not when the cause of action arose, as was the case for most claims under the Old Act.