Limitation periods - Exceptions (Federal Court)
Last revised September 02, 2022

Can a provincial exception to a limitation period expiry apply if the matter is in Federal Court? In certain cases it can.

The Federal Courts Act, R.S.C. 1985, c. F-7, s. 39(1) incorporates the laws relating to prescription and the limitation of actions arising in that province:

Prescription and limitation on proceedings

 (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

 

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