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ARTICLE · 21 MAY 2020

Do You Know When Your Limitation Period Begins?

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An analysis of the discoverability requirements under Saskatchewan's Limitations Act.

CanadaReal Estate and Construction

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

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