Sentences with phrase «running of the limitation period»

[9] The key principle supporting this conclusion is that the «conduct» that triggers the running of the limitation period is the offence under the Competition Act, in this case, the offence of conspiracy.

What can suspend the running of the limitation period?

The mere fact that injuries prove to be more severe than initially believed will not serve to postpone the running of the limitation period

Having correspondence from ICBC denying your claim can also be important to the running of limitations periods in a case to recover accident benefits.

Sections 6 (3) to 6 (6) of the Limitation Act provide for the postponement of the running of the limitation period in certain circumstances which is often referred to as the «Discover - ability Rule».

On the other hand, where it can be shown that the injuries were not, initially, sufficiently serious that a reasonable person would seek advice concerning a lawsuit, the running of the limitation period may be postponed to a time when the seriousness of the injuries became evident.

The Court of Appeal pointed out a practical solution to this concern — Canaccord and Roscoe could have entered into an agreement to toll the limitation period, which would put the running of the limitations period on hold as the defendants addressed the underlying lawsuit.

There was no agreement that demand would not be made prior to the sale of the house, and a unilateral understanding to that effect by the respondents is not sufficient to prevent the running of the limitation period.

As is often the case, the running of a limitation period outstrips the pace of negotiations and the expiry of the limitation looms.

Perhaps the simplest and safest course (instead of issuing the statement of claim) is a «tolling» or «standstill» agreement, whereby the parties agree to suspend the running of the limitation period while negotiations are ongoing.

If the person that is making the claim is under the age of majority (i.e. under 19) or is legally disabled than the limitation period does not apply to them unless ICBC sends a Notice to Proceed which will then initiate the running of the limitation period.

I find that in denying the benefit Dominion triggered the running of a limitation period under section 51 of the Schedule.

The courts have grappled with the question of whether the discoverability principle in section 5 (2) of the Act applies to the running of a limitation period for third party claims of contribution and indemnity.

«s. 18 works with other provisions of the Limitations Act, 2002 to create a presumed start date for the running of the limitation period.

An ultimate limitation period of two years is established for claims against good faith purchasers for conversion of goods; nothing stops the running of this limitation period.

There is no mechanism such as, for example, a tolling agreement with the competent authority, that could validly suspend the running of the limitation period.

2 The debtor may at any time during the running of the limitation period extend the period by a declaration in writing to the creditor.

In the latter instances, the time of receipt of the medical opinion is immaterial to the commencement of the running of the limitation period.