The following definitions apply in this Act.
“claim” means a claim to remedy the injury, loss or damage that occurred as a result of an act or omission.(réclamation)
“claimant” means a person who has a claim, whether or not the claim has been brought.(réclamant)
“defendant” means a person against whom a claimant has a claim, whether or not the claim has been brought.(défendeur)
For the purposes of this Act, a claim is brought
(a) when a proceeding in respect of the claim is commenced, or
(b) if the claim is added to an existing proceeding by a new or an amended pleading that is not an originating process, when that pleading is filed.
Any reference in this Act to a limitation period established by this Act does not include a reference to the period described in section 22.
2011, c.17, s.1
This Act applies to any claim brought after the commencement of this Act, including a claim that is added to a proceeding commenced before the commencement of this Act.
Repealed: 2011, c.17, s.1
This Act binds the Crown.
If there is a conflict between this Act and any other public Act of New Brunswick, that other Act prevails.
If there is a conflict between this Act and any private Act of New Brunswick, this Act prevails.
Unless otherwise provided in this Act, no claim shall be brought after the earlier of
(a) two years from the day on which the claim is discovered, and
(b) fifteen years from the day on which the act or omission on which the claim is based occurred.
A claim is discovered on the day on which the claimant first knew or ought reasonably to have known
(a) that the injury, loss or damage had occurred,
(b) that the injury, loss or damage was caused by or contributed to by an act or omission, and
(c) that the act or omission was that of the defendant.
If a claim is based on a continuous act or omission, the act or omission is deemed for the purposes of calculating the limitation periods in section 5 to be a separate act or omission on each day it continues.
Unless this Part provides otherwise, Part 2 does not apply to the claims referred to in this Part.
2021, c.21, s.12021, c.21, s.1
Subject to subsection (2), Part 2 applies to a claim brought by the Crown for the recovery of money owing to it which includes claims brought by the Crown for recovery of damages in contract or in tort.
No claim in subsection (1) shall be brought after the earlier of
(a) six years from the day on which the claim is discovered, and
(b) fifteen years from the day on which the act or omission on which the claim is based occurred.
2021, c.21, s.12021, c.21, s.1
This section applies to claims brought by the Crown before or after the commencement of this section for the recovery of money owing to it that are based on acts or omissions that took place before the commencement of this section.
If the limitation period in subsection 7.1(2) would, if not for this section, expire after the commencement of this section but before July 1, 2022, that limitation period expires on July 1, 2022.
Despite subsection (2), a limitation period for the Crown to bring a claim for the recovery of money owing to it that was not expired immediately before the commencement of this section shall not expire until July 1, 2022, even if the limitation period in subsection 7.1(2) has expired for the claim.
No claim based on a judgment for the payment of money shall be brought after 15 years from the day of the judgment.
2011, c.17, s.22011, c.17, s.2
The following definitions apply in this section.
“lease” includes a periodic tenancy and a tenancy at will.(bail)
“predecessor” , with respect to a claimant or defendant, means a person from whom or through whom the claimant or defendant has obtained possession of, or derives the right of possession of, land.(prédécesseur)
“present interest” means an estate or interest on which a future estate or interest is expectant.(intérêt actuel)
(a) fifteen years, or
(b) if the claimant is the Crown, 60 years.
If a period of dispossession begins while land is subject to a present interest and continues after the present interest terminates, a claim to recover possession of the land shall not be brought after the later of
(a) the end of the period described in subsection (2), and
(b) five years after the present interest terminates.
If a period of dispossession begins during a fixed term lease, a claim by the landlord to recover possession of the land shall not be brought after the later of
(a) the end of the period described in subsection (2), and
(b) five years after the fixed term ends.
For the purposes of this section,
(a) if rent is payable under a lease, a period of dispossession of a landlord by a tenant begins when the tenant ceases to pay rent;
(b) when one or more joint tenants or tenants in common of land are in possession of more than their undivided share of the land for their own benefit or for that of a third party, the other joint tenants or tenants in common are dispossessed of the land.
On the expiry of a limitation period under this section, the claimant’s right or title to the land is extinguished.
No claim to recover possession of personal property that has been converted shall be brought
(a) if the defendant is a purchaser of the personal property for value acting in good faith, after 2 years from the day the purchaser purchased the personal property, and
(b) in any other case, after the earlier of
(i) two years from the day on which the claimant first knew or ought reasonably to have known the identity of the person who has possession of the personal property, and
(ii) fifteen years from the day on which a conversion of the personal property first occurred.
On the expiry of a limitation period under this section, the claimant’s title to the personal property is extinguished.
Subject to subsection (2), Part 2 applies to a claim for damages for conversion.
If there have been 2 or more conversions of the same personal property, a claim for damages for conversion shall not be brought against a defendant if, under section 9, a claim to recover the possession of the personal property from that defendant cannot be brought, or could not be brought if that defendant were still in possession of the property.
No claim that is based on a failure to repay a demand loan shall be brought after the earlier of
(a) two years from the day default in repayment occurs after the demand for repayment is made, and
(b) fifteen years from the day on which the lender is first entitled to make a demand for repayment of the loan.
Subject to subsection (2), Part 2 applies to a claim for payment of a debt secured on real or personal property.
No claim to recover the principal of a debt secured on real or personal property shall be brought after 15 years from the day the security is taken.
A payment made in relation to a debt is a part payment for the purposes of section 20, and is presumed, in the absence of evidence to the contrary, to be a payment of both principal and interest.
If a creditor takes possession of the property on which the debt is secured, the debtor shall not bring a claim to redeem the property after 15 years from the day the creditor takes possession of the property.
If a lien or charge is created by an Act in relation to an amount due under that Act, no claim shall be brought to recover the amount due after 15 years from the day on which the lien or charge arises.
Subject to subsection (2), no claim for contribution in respect of a payment that a claimant has made, or a liability that a claimant has incurred by virtue of a settlement or judgment, shall be brought against a person after the expiry of the earlier of
(a) the period of 2 years that begins on the day the claimant first knew or ought reasonably to have known that the person was liable to make the contribution, and
(b) whichever of the following periods expires last:
(i) fifteen years from the day the act or omission that gave rise to the payment, settlement or judgment occurred, and
(ii) five years from the day of the payment, settlement or judgment.
No claim for contribution under paragraph 2(c) of the Tortfeasors Act shall be brought against a person after the expiry of the earlier of
(a) the period of 2 years that begins on the day on which the claimant, having settled the original claim out of which the claim for contribution arises or having been served with the pleading by which that original claim was brought, first knew or ought reasonably to have known that the person was liable to make the contribution, and
(b) the period of 15 years from the day of the person’s act or omission in respect of which the claim for contribution is brought.
2026, c.4, s.1
There is no limitation period in respect of a claim for damages for trespass to the person, assault or battery if
(a) the act complained of is of a sexual nature, or
(b) at the time of the act complained of, the claimant was in an intimate personal relationship, as defined in the Intimate Partner Violence Intervention Act, with the defendant or was financially, emotionally or physically dependent on the defendant.
Subsection (1) applies to a claim for trespass to the person, assault or battery that occurred before or after the commencement of this section and regardless of the expiry of any previously applicable limitation period under this Act or a former version of this Act.
Subsection (1) revives the right to file a claim of a claimant who prior to the commencement of this section had a proceeding dismissed solely on the grounds that a previously applicable limitation period under this Act or a former version of this Act had expired.
This section does not apply in the case of a claim
(a) that has been settled and for which the settlement is legally binding, including a claim that formed part of a class action that has been settled, regardless of whether the claim was submitted as part of the class action, or
(b) that has been dismissed by a court and with respect to which no further appeal is possible, subject to subsection (3).
If, in respect of a claim brought by a principal, an agent has actual knowledge of the matters referred to in subsection 5(2), subparagraph 9(1)(b)(i), paragraph 14(1)(a) or (2)(a), subparagraph 16(b)(i) or section 22 and has a duty to communicate that knowledge to the principal, the principal shall be deemed to have knowledge of the matters on the earlier of
(a) the day on which the agent first knew those matters, and
(b) the day on which the principal first knew or ought reasonably to have known those matters.
In respect of a claim brought by a claimant who is, in relation to the property to which the claim relates, a successor in right, title or interest to another person, the claimant shall be deemed to have knowledge of the matters referred to in subsection 5(2) or subparagraph 9(1)(b)(i) or 16(b)(i) on the earlier of
(a) the day on which the predecessor first knew or ought reasonably to have known those matters, if that day occurred before the predecessor transferred the property, and
(b) the day on which the claimant first knew or ought reasonably to have known those matters.
If a defendant wilfully conceals from a claimant the existence of a claim, the following rules apply: 2011, c.17, s.3
(a) the defendant cannot rely on the expiry of a limitation period referred to in paragraph 5(1)(b), subparagraph 9(1)(b)(ii) or paragraph 11(b), 14(1)(b) or 14(2)(b) as a defence to the claim, and
(i) two years from the day the claimant first knows or ought reasonably to know that the claim exists, and
The operation of any limitation period established by this Act is suspended while the claimant is a minor.
The operation of the limitation period in paragraph 5(1)(a), subparagraph 9(1)(b)(i) or paragraph 11(a), 14(1)(a) or 14(2)(a) is suspended during any period in which the claimant is incapable of bringing the claim because of his or her physical, mental or psychological condition.
If the limitation period has less than one year to run when the suspension ends, the period is extended to the day that is one year after the day on which the suspension ends.
If, before the expiry of the relevant limitation period established by this Act, a defendant gives an acknowledgment of the right, title, liability or obligation to which the claim relates, the operation of the limitation period begins again at the time of the acknowledgment.
An acknowledgment
(a) must be in writing, and
(b) must be made by the defendant or the defendant’s agent to the claimant, the claimant’s agent or an official receiver or trustee acting under the Bankruptcy and Insolvency Act (Canada).
An admission or statement made in correspondence relating to the resolution of a claim is not an acknowledgment for the purposes of this section if
(a) the correspondence indicates that the admission or statement is made without prejudice, or
(b) the correspondence reserves the defendant’s right to rely on the expiry of a limitation period as a defence to the claim.
If a defendant makes a part payment of a liquidated or unliquidated monetary obligation before the expiry of the relevant limitation period established by this Act, the operation of the limitation period begins again at the time of the part payment.
A part payment must be made by the defendant or the defendant’s agent to the claimant, the claimant’s agent or an official receiver or trustee acting under the Bankruptcy and Insolvency Act (Canada).
Subsection (1) does not apply if
(a) the payment is made as full payment, settlement or discharge of the monetary obligation of the defendant,
(b) the payment is made without prejudice or on the basis that the defendant does not accept liability for any amount beyond the amount paid, or
(c) the defendant reserves the right to rely on the expiry of a limitation period as a defence to the claim.
Despite the expiry of the relevant limitation period established by this Act, a claim may be added, through a new or an amended pleading, to a proceeding previously commenced if the added claim is related to the conduct, transaction or events described in the original pleadings and the conditions set out in one of the following paragraphs are satisfied:
(a) the added claim is made by a party to the proceeding against another party to the proceeding and does not change the capacity in which either party sues or is sued;
(b) the added claim adds or substitutes a defendant or changes the capacity in which a defendant is sued, but the defendant has received, before or within 6 months after the expiry of the limitation period, sufficient knowledge of the added claim that the defendant will not be prejudiced in defending against the added claim on the merits;
(c) the added claim adds or substitutes a claimant or changes the capacity in which a claimant sues, but the defendant has received, before or within 6 months after the expiry of the limitation period, sufficient knowledge of the added claim that the defendant will not be prejudiced in defending against the added claim on the merits, and the addition of the claim is necessary or desirable to ensure the effective determination or enforcement of the claims asserted or intended to be asserted in the original pleadings.
If the relevant limitation period established by this Act has expired, but the actions taken or assurances given by the defendant or the defendant’s agent in relation to the resolution of the claim before the expiry of the limitation period caused the claimant to reasonably believe that the claim would be resolved by agreement and therefore to delay bringing the claim, the claimant may bring the claim within 6 months after the day on which the claimant first knows or ought reasonably to know that the belief was unfounded.
In this section, “non-judicial remedy” means a remedy that a person is entitled, by law or by contract, to exercise in respect of a claim without court proceedings.
If a claimant is prevented from bringing a claim as a result of the expiry of a limitation period established by this Act, the claimant is not entitled to enforce against the defendant any non-judicial remedy that the claimant would otherwise be entitled to enforce in relation to the claim.
Subject to subsection (2), this Act applies to any claim brought in New Brunswick, despite the fact that, in accordance with conflict of laws rules, the claim is to be adjudicated pursuant to the substantive law of another jurisdiction.
If the limitations law of that other jurisdiction would prevent the claim from being brought in that jurisdiction, the claim shall not be brought in New Brunswick.
Nothing in this Act derogates from any rule of equity under which a court may refuse to grant relief to a claimant in respect of a claim.
Repealed: 2021, c.21, s.3 2021, c.21, s.3
Repealed: 2021, c.21, s.3 2011, c.52, s.2; 2016, c.28, s.70; 2021, c.21, s.3
Repealed: 2021, c.21, s.3 2021, c.21, s.3