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ranger_dispatch

Guest
Can anyone please tell me if there is a time limit, within which you can go after a shipper or receiver?
 

alx

Site Supporter
10
Time limit

I am not a lawyer and I am not certain, but I have always been told that there is a general time limit of 3 years for immovables.
Also, I am not sure if the three year period starts from the time you have sent a letter of demand or if it starts from the time you have initiated legal proceedings ( sued).
 

lowmiler88

Site Supporter
30
With those carrier contracts we always check for the clause where it states we cannot go against the customer in the event we do not get paid. We actually stroke out a lot of lines intial them and no one yet has had a problem with any changes we make.
 

Activet

Moderator
10
Time Limit

The Limitations Act, 2002 was passed in December 2002 and came into force on January 1, 2004. You can view the text of the Act from the E-Laws Web site.

Limitations Act, 2002, S.O. 2002, c. 24, Sched. B

This legislation represents a huge reform of the existing law of limitations.

For most causes of action the new Act provides that there is a basic two-year limitation period running from the day that the claim is discovered.
Section 5 of the new act codifies the discoverability principle. This effectively provides that the limitation is postponed until the wronged party knows, or ought to know with reasonable diligence of the facts underpinning the cause of action. There is a rebuttable presumption that a claim is discovered on the day the act or omission on which the claim is based took place.
 
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ranger_dispatch

Guest
Thanks for all the info people. Really appreciate it.
 
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