Section 1 definition of "person under a disability" BEFORE amended by 2023-10-501, effective March 30, 2023 (Royal Assent).
"person under a disability" means an adult person who is incapable of or substantially impeded in managing his or her affairs;
Section 24 BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
Limitation periods extended if liability acknowledged
24 (1) If, before the expiry of either of the limitation periods that, under this Act, apply to a claim, a person acknowledges liability in respect of the claim,
(a) the claim must not be considered to have been discovered on any day earlier than the day on which the acknowledgement is made, and
(b) the act or omission on which the claim is based is deemed to have taken place on the day on which the acknowledgment is made.
(2) An acknowledgment of liability in respect of a claim for interest is also an acknowledgment of liability in respect of a claim for
(a) the outstanding principal, if any, and
(b) interest falling due after the acknowledgment is made.
(3) An acknowledgment of liability in respect of a claim to realize on or redeem collateral under a security agreement or to recover money in respect of the collateral, if made by a person in possession of the collateral, is an acknowledgment of liability in respect of the claim by any other person who later comes into possession of the collateral.
(4) An acknowledgment by a trustee of liability in respect of a claim is an acknowledgment of liability in respect of the claim by any other person who is or who later becomes a trustee of the same trust.
(5) An acknowledgment of liability in respect of a claim to recover or enforce an equitable interest in personal property, if made by a person in possession of the personal property, is an acknowledgment of liability in respect of the claim by any other person who later comes into possession of the personal property.
(6) Subsection (1) does not apply to an acknowledgment, other than an acknowledgement referred to in subsection (7), (8) or (9), unless the acknowledgment is
(b) signed, by hand or by electronic signature within the meaning of the Electronic Transactions Act,
(c) made by the person making the acknowledgment or the person's agent, and
(d) made to the person with the claim, the person's agent or an official receiver or trustee acting under the Bankruptcy and Insolvency Act (Canada).
(7) In the case of a claim for payment of a liquidated sum, part payment of the sum by the person against whom the claim is or may be made or by the person's agent is an acknowledgment by the person against whom the claim is or may be made of liability in respect of the claim.
(8) A debtor's performance of an obligation under or in respect of a security agreement is an acknowledgment by the debtor of liability in respect of a claim by the creditor for realization on the collateral under the security agreement.
(9) A creditor's acceptance of a debtor's payment or performance of an obligation under or in respect of a security agreement is an acknowledgment by the creditor of liability in respect of a claim by the debtor for redemption of the collateral under the security agreement.
(10) This section applies to an acknowledgment of liability in respect of a claim for payment of a liquidated sum even though the person making the acknowledgment refuses or does not promise to pay the sum or the balance of the sum still owing.