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Issue 50 | March 2018

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
Two-year Limitations of Actions Act in effect

We remind you that, effective September 1, 2015, the Limitation of Actions Act (LAA) created a limitation period of two (2) years for most claims. Section 23(3) sets out the transition period for claims that arose prior to September 1, 2015. The transition period ended on September 1, 2017, meaning that many claims that arose over two years ago have expired. If your client has a claim that arose less than two years ago, and a proceeding has not yet been commenced, confirm the applicable limitation period and ensure that your client is advised to commence their action within that period. If your client then gives instructions to not commence the action, document your file.

Don’t get caught. Check your limitation periods today.

The following are some resources that can help you determine the applicable limitations period: