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Canada - Statute of Limitations reset?

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  • Canada - Statute of Limitations reset?

    Hi,

    If I had a debt that is 12 years old. I have never paid on it (I thought it was lumped into payments I was making for the past 4 years but turns out it wasn't). I was recently served a statement of claim on this debt. I told them this is statute's barred being that it has been such a long time with no activity so legal action cannot be commenced now. They state that it is not stats barred because they put in a statement of claim under 6 years ago but never served it upon me. The old statement of claim was withdrawn I guess as they never served me. They put in for a new statement of claim in 2011 which was extended twice for 6 month periods until I was served last month. Is this true? Is the statute of limitations extended or reset by them putting in for a statement of claim 6 years ago but never serving me with that one?

  • #2
    Re: Canada - Statute of Limitations reset?

    I wish to inform you that rules of the court will determine your situation. Generally if no action is taken for a particular period then case may not be proceeded without permission of court. Further the date of stamp of court on Notice of Civil Claim is the date when case is filed. A Notice of Limitations is filed just once and hence there cannot be re-filing. If a new Statement of Claim is filed then its a new lawsuit and old lawsuit is not to be considered for calculation of time. Calculation of time will be seen in regard to date on which your present Statement of Claim is filed. In this regard Statue of Limitations is a period within which lawsuit must be started. The period of limitation depends upon the province where you reside. Generally it is 6 year in province of British Columbia and Ontario and thus filing 6 year ago a 12 year old debt may still be regarded as time barred.

    AFF

    Comment


    • #3
      Re: Canada - Statute of Limitations reset?

      This is in Newfoundland and the date stamp on the claim says issued January 2011.

      Comment


      • #4
        Re: Canada - Statute of Limitations reset?

        Originally posted by swazer View Post
        Hi,

        If I had a debt that is 12 years old. I have never paid on it (I thought it was lumped into payments I was making for the past 4 years but turns out it wasn't). I was recently served a statement of claim on this debt. I told them this is statute's barred being that it has been such a long time with no activity so legal action cannot be commenced now. They state that it is not stats barred because they put in a statement of claim under 6 years ago but never served it upon me. The old statement of claim was withdrawn I guess as they never served me. They put in for a new statement of claim in 2011 which was extended twice for 6 month periods until I was served last month. Is this true? Is the statute of limitations extended or reset by them putting in for a statement of claim 6 years ago but never serving me with that one?
        To be sure of the statute of limitations, can you supplement your post with the Province in which you reside -- where this debt was contracted?

        Ordinarily, though, the way to toll the statute of limitations is to make a payment on the debt -- then the statute of limitations begins to run the last payment. A creditor's lack of diligence finding a person does not toll the statute, though. Unless you left the country to avoid the debt.

        It is not the filing of a claim that tolls the statute, however, but making a payment on a debt. Do not take debt collectors advice for it is biased and some are reknown for not telling the truth.

        Comment


        • #5
          Re: Canada - Statute of Limitations reset?

          In case you live in B.C., Alberta or Ontario, here at the statutes of limitations for those provinces.

          In British Columbia, Section 3(5) of the Limitations Act sets 6 years to collect a debt.

          For Alberta, the Alberta Limitations Act sets 2 years as the term unless it is reduced to a judgment, then 10 years.

          In Ontario, the Ontario Limitation Act of 2002 sets two years as the limit -- providing the debt was incurred after 2004 when the Act came into force and effect. Debts incurred prior to 2004, the creditor has 6 years to pursue the claim.

          For Federal debts, Section 32 of the Crown Liability and Proceedings Act sets 6 years as the limit on federal debts.

          If another province than these named, if you supplement with that information, then I will see what I can do to provide.

          Comment


          • #6
            Re: Canada - Statute of Limitations reset?

            Originally posted by swazer View Post
            This is in Newfoundland and the date stamp on the claim says issued January 2011.

            Here is the text of the Statutes of Limitations for Newfoundland:

            "Following the expiration of 2 years after the date on which the right to do so arose, a person shall not bring an action
            (a) for damages in respect of injury to a person or property, including economic loss arising from the injury whether based on contract, tort or statutory duty;
            (b) for damages in respect of injury to person or property including economic loss arising from negligent representation and professional negligence whether based on contract, tort or statutory duty;
            (c) for trespass to property not included in paragraph (a);
            (d) for defamation other than defamation referred to in section 17 of the Defamation Act;
            (e) for false imprisonment;
            (f) for malicious prosecution;
            (g) for conspiracy to commit a wrong referred to in paragraphs (a) to (e);
            (h) which is a civil action, to recover a fine or other penalty and to recover a fine or penalty imposed by a court or law;
            (i) under the Fatal Accidents Act; or
            (j) under the Privacy Act.

            Limitation period 6 years

            6. 1) Following the expiration of 6 years after the date on which the right to do so arose, a person shall not bring an action

            (a) for damages for conversion or detention of goods;
            (b) to recover goods wrongfully taken or retained;
            c) for a tort committed against that person which does not come under paragraph 5(a);[/SIZE]
            d) to enforce an instrument under seal;[/SIZE]
            e) to enforce the forfeiture of a recognizance;[/SIZE]
            ....
            (h) to recover a debt;
            (i) by a creditor not in possession of collateral to realize on the collateral; and
            (j) by a debtor not in possession of collateral to redeem the collateral.

            (2) In subsection (1), "debtor" means a person who owes payment or other performance of an obligation secured, whether or not he or she owns or has rights in the collateral.

            Limitation Period 10 years

            7. ](1) Following the expiration of 10 years after the date on which the right to do so arose, a person shall not bring an action
            (a) on a judgment of a court in the province for the payment of money or the recovery of personal property
            (b) against the personal representative of a deceased person for a share of the estate
            (c) against a trustee in respect of a fraud or fraudulent breach of trust to which the trustee was party or privy
            d) against a trustee for the conversion of trust property to the trustee's own use
            (e) to recover trust property or property into which trust property can be traced
            (f) to recover money on account of a wrongful distribution of trust property against the person to whom the property is distributed, or a successor; or
            (g) to recover land"

            By all accounts, they should not be able to collect if you were not personally served with suit. The act of filing a claim does not toll the statute of limitations

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