LIMITATION OF ACTIONS - Legislation - Interpretation

Law360 Canada ( May 5, 2021, 6:32 AM EDT) -- Appeal by the Minister from a decision determining the Limitation of Actions Act did not apply to an expropriation proceeding instituted under the Expropriation Act. The Minister appropriated land owned by the respondent in 1992. In 1993, the respondent provided written particulars for compensation for injurious affection. Neither party then attempted to negotiate a settlement of the claim for injurious affection until 2013 when the respondent filed a Notice of Arbitration to commence proceedings in the Court of Queen’s Bench. The Minister filed a motion arguing the Notice of Arbitration was statute barred by the Limitation of Actions Act. The motion was dismissed on the basis that the applicable limitation period was prescribed by the Expropriation Act....
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