Every country has some different laws regarding filing lawsuits. Limitations law or statute of limitation is one of the most important ones here. This law is basically a time limitation for filing lawsuits for different types of cases.
It is not the same for all cases and all the countries. However, it is important to know for everyone, especially who is the victim and want to file a claim. That is why in this article, we will give you the lawyers’ guide on the statute of limitations in Canada.
Here, we will try to share the information regarding the statute of limitations in Canada that we have got by working in this sector for a long time. So, let’s start.
What is the Statute of Limitations?
From our experience, we can say one thing that, there have many people who don’t even have any idea about the statute of limitations. That is why, at first, we are going to give you the basic information about it.
Statute of limitation is a law that gives both parties a maximum time to start legal proceedings from the date when the accident or crime happened. A victim may not be able to take legal action for many reasons at the beginning. This law allows the victim to take legal action even after many years.
For having this statute of limitation law, they are legally able to do that after a long time. But this law will allow the convict or wrongdoer to move to another jurisdiction. It is actually not a big deal. The convict will definitely have punishment wherever he will be.
In most cases, this law applies to civil cases like medical malpractices, and the statute of limitation is two years. Maybe you are a victim of medical malpractice. Here you have to take legal actions within precisely two years. Even if you want to sue him after two years and one day, you will not be able to do that. You have to meet the deadline here.
Criminal cases also have a statute of limitations in most countries. Like,in the case of sexual violence where minors are involved, kidnapping, hijacking, and so on have some statute of limitations in most of the states. But in most serious cases like murder haven’t any maximum statute of limitations. Here you will be able to take legal actions at any time you want.
Statute of limitations in Canada
You may often hear that someone is coming forward after some years of being abused and disclosing what happened with her. At that time, the wrongdoer’s most common statement is, why is she taking legal steps after a huge time? Aren’t there any statute of limitations for this case?
The answer is no. There is no statute of limitation for these kinds of serious cases in the Canadian jurisdiction. The limitations laws of Canada don’t prevent any legal proceeding for these cases.
The convict will be under the law till his or her death. But there have some cases where the statute of limitations will be applicable. Here we will give you some cases so that you can be more explicit about this. These are as follows:
Personal injury cases:
There have different types of personal injury cases every day that is being filed in court. Among them, motor vehicle accident cases are the most commons. Here, the statute of limitation is four years.
If any medical practices occur anywhere for the doctors’ negligence, in that case, you will have two years to file a lawsuit or take any other legal options. But if the result of that malpractice is severe, in that case, there is no statute of limitations.
Sexual abuses by minor:
Sexual abuses are a very serious case. There is no statute of limitations for this case that we have said before. But, if sexual abuse is done by a minor, in that case, you will get 4 to 5 years to take legal actions.
There have two types of contracts, as we all know, oral contract and written contract. In the case of a verbal agreement, the statute of limitation is four years in Canada. In the written contract case, you will get one more year ( i.e., 5 years) to take action.
Property damages also have a statute of limitations. You will get four years here to file the lawsuit against the culprit.
These are mainly the most common crimes that have a statute of limitation. There have a lot of similar cases where you will get more or less the same statute of limitations.
There have some exceptions in case of having a statute of limitation in Canada. These areas follow:
The statute of limitations is not applicable if the victim is a minor. According to our country’s law, minors can’t take any legal decision even if the case is not serious.
Physically or mentally unable:
Another exception is that if the victim is physically or mentally unable to take any legal steps, limitations law will not be applicable for him/her. S/he or the legal guardian will be able to do it at any time before the wrongdoer’s death.
In Canada, there is no statute of limitations for severe cases like murder, and so on. You may get a statute of limitations for sexual abuses for two years or, in some provinces, five years most. Besides, you can get the limitation for medical malpractices for two years. You should know all of this information for being a good citizen here and for your cases.
Who can say that you will not be the victim of an accident tomorrow? No one. So, for your better should know all the legal advantages of our country’s laws. In that case, our article can help you a lot. Here, we have conducted a detailed discussion of the statute of limitations in Canada.
Do you have anything to know regarding this topic? Let us know in the comment section.