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ARTICLE · 28 MARCH 2012

Ultimate Limitation Period May Not Be A Bar To A Claim

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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The Court of Appeal of Alberta recently issued a decision likely to have an effect on any businesses or individuals entering into contracts that include special limitation periods. The case considered a suit by a plaintiff against his own insurer in respect of an underinsured motorist and the appropriate limitation period that applied to the plaintiff bringing that claim, but has much broader application.

CanadaLitigation, Mediation & Arbitration

The Court of Appeal of Alberta recently issued a decision likely to have an effect on any businesses or individuals entering into contracts that include special limitation periods. The case considered a suit by a plaintiff against his own insurer in respect of an underinsured motorist and the appropriate limitation period that applied to the plaintiff bringing that claim, but has much broader application.

The Limitations Act

In Shaver v. Co-operators General Insurance Company (Shaver), the Court considered section 7 of the Alberta Limitations Act, R.S.A. 2000 c. L-12 (the Act) which provides:

"7(1) Subject to section 9, if an agreement expressly provides for the extension of a limitation period provided by this Act, the limitation period is altered in accordance with the agreement.

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