An analysis of the discoverability requirements under
Saskatchewan's Limitations Act
Across Canada, limitation periods are provincially governed by
limitations legislation. In Saskatchewan, The
Limitations Act, SS 2004 (the "Act") creates a
general rule: a claimant must commence a proceeding within two
years after a claim is discovered. The Act states, in section 6, a
claim is discovered on the day when the claimant first knew or
ought to have known:
- the injury, loss, or damage has occurred;
- the injury, loss, or damage appears to have been caused by or
contributed to by an act or omission that is the subject of the
claim;
- the acts or omissions appear to be from the person or entity
whom the claim is made against; and