[LotusS4]

Hi,

I have a claim against an Ontario company for around $19,000. The claim originates from a contract signed in September 2007 and where the company's provable negligence has resulted in costs amounting to the value of my claim. There is, I am told, a statute of limitations of two years from contract date which applies in some cases. Furthermore, I believe that the Small Claims limit of $10,000 will be raised to $25,000 in Jan. 2010.

My question is; will I fall foul of the Statute of Limitations if I delay my action until 2010 in order to be able to claim the full amount of my losses?

Any help with this would be most appreciated.

L

[jcchampion]

Lotus,

Statute of limitations differ from location to location somewhat.

As far as I know, in the US, most states have a Statute of Limitations of at least 5 years.

You should check what it is in YOUR area to make a more educated decision.

Of course, if you find that it is, in fact, 2 years, then you would certainly be outside the statute of limitations to wait until 2010. But, like I said, you really need to find out from the proper source for sure, don't just take heresay as the law.

JC

[LotusS4]

JC,

Thanks for your response.

Here's the problem: the court staff won't give an answer on the Statute of Limitations as they say it's legal advice, not court procedure' and they don't give legal advice. They suggest I consult a lawyer. All the law firms I have spoken to want at least a $1,500 retainer before they will speak to me. That's justice in Canada!

Lotus

[Justice Matters]

The commencement of a limitation period is not necessarily when a contract was entered into.

Generally speaking a limition period commences on the earlier of:

a) when a cause of action occured;

b) when a cause of action was discovered;

c) when a reasonable person would, in the given circumstances, determine that litigation was an appropriate remedy.

If the earliest of the above results in the two year limitation period expiring before January 2010 then you will likely need to file a claim beforehand in order to preserve your litigation rights.

[LotusS4]

Thanks Justice, but I don't believe I can file a claim for more than $10,000 until after 2010.

Lotus