Litigation Tools - Pre 2010 New Brunswick Limitation Periods
Auto Insurance - Every action or proceeding against the insurer under the policy in respect of loss or damage to the auto shall be commenced within two (2) years next after the happening of the loss and not afterwards, and in respect of loss or damage to persons or property shall be commenced within two (2) years next after the cause of action arose and not afterwards: Insurance Act, R.S.N.B. 1973, c.I-12, s.230, s.c.6(3).
Fire Insurance Every action or proceeding against the insurer for the recovery of any claim under or by virtue of this contract shall be absolutely barred unless commenced within one (1) year next after the loss or damage occurs: Insurance Act, supra, s.127, s.c. 14.
Generally No action shall be brought for the recovery of money payable under a contract of insurance until the expiration of sixty (60) days after proof of loss has been submitted: Insurance Act, supra, s.111.
Section 250 No action shall be brought against an insurer under subsection 250 (1) after the expiration of one (1) year from the final determination of the action against the insured, including appeals if any: Insurance Act, supra, s. 250(2).
MOTOR VEHICLE ACCIDENT No action for damages arising out of the operation, care, or control of a motor vehicle shall be commenced but within two (2) years after the cause of action arose: Limitation of Actions Act, R.S.N.B. 1973, c.L-8, s.5(1).
FATAL ACCIDENTS Except where it is expressly declared in another Act that it operates notwithstanding the Fatal Accidents Act, an action, including an action to which subsection 2 (5) or (6) applies, may be brought under the Fatal Accidents Act within two (2) years after the death of the deceased, but, subject do subsection 5(4), no such action shall be brought thereafter: Fatal Accidents Act, R.S.N.B. 1973, c. F-7, s.8(4).SURVIVAL OF ACTIONS - In addition to a person's estate's rights under the Fatal Accidents Act all causes of action vested in a person who dies after April 1, 1969 survive for the benefit of his estate: Survival of Actions Act, R.S.N.B. 1973, c. S-18, s.2. All causes of action subsisting against a person who dies after April 1, 1969 survive against his estate: Survival of Actions Act, supra, s.3. Notwithstanding the Limitations of Actions Act or any other Act proceedings on a cause of action that survives under section 2 or 3 may be brought within the time otherwise limited for the bringing of the action or within one year from the date of death, which ever is the longer period: Survival of Actions Act, supra, s. 9.
ACTION AGAINST A MINOR or a person mentally incompetent may be commenced within the ordinary limitation period or within two (2) years of coming of age or removal of the disability: Limitation of Actions Act, R.S.N.B. 1973, c.L-8, s.19.ACTION ON BEHALF OF A MINOR - or a person mentally incompetent shall be brought within six (6) years, or two (2) years of the date when such person becomes of full age, or of sound mind, as the case may be, whichever is the longer: Limitation of Actions Act, R.S.N.B. 1973, c.L-8, s. 18.
ACTION AGAINST THE CROWN No action shall be brought against the Crown unless two (2) months previous notice in writing thereof has been served on the Minister of Justice, or on the corporation, in the case of an action to be brought against a Crown corporation, in which notice the name and residence of the proposed plaintiff, cause of action, and the court in which it is to be brought shall be explicitly stated: Proceedings Against the Crown Act, R.S.N.B. 1973, c.P-18, s.15. [Federal Crown - 90 days: Crown Liability Act, R.S.C. 1970, c. C-38, s. 10 (1)].SLIP AND FALL - Six (6) years after the cause of action arose: Limitation of Actions Act, R.S.N.B. 1973, c.L-8, s.9.
MEDICAL MALPRACTICE The longer of the following (a) Two (2) years from the date of termination of the professional services complained of; (b) One (1) year after the person commencing knew or ought to have known the facts upon which he alleges negligence or malpractice, or; (c) Where the person entitled to bring an action is at the time the cause of action accrues, an infant, mental incompetent, or of unsound mind, one (1) year from the date when such person becomes of full age, or of sound mind, or as the case may be: Act Respecting the New Brunswick Medical Society and the College of Physicians and Surgeons of New Brunswick, S.N.B., c. 87, s. 67.
© 1996, 2001, 2005 Henry J. Murphy
Murphy Collette Murphy
Barristers & Solicitors
250 Lutz Street
Moncton, New Brunswick, Canada