Time Bar

In: Other Topics

Submitted By tracy12345
Words 728
Pages 3
According to the federal legislation act the prescription for a company to file a claim for their loss or damage is 4 months however, since we are unaware of the conditions and the exact location that the damage had occurred we will cover the legislation in both Quebec and Ontario as well.
Ontario’s period of limitation is two years unless the act provides otherwise .The proceedings must have been started “no later than the second anniversary of the day that the claim was discovered.” The two-year rule applies for mostly all cases unless there is evidence to explain why there was no claim submitted.
According to the legislation discovery is described as:
“5. (1) A claim is discovered on the earlier of, a. the day on which the person with the claim first knew, i. that the injury, loss or damage had occurred, ii. that the injury, loss or damage was caused by or contributed to by an act or omission, iii. that the act or omission was that of the person against whom the claim is made, and iv. that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and b. the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a).”
Permitting to the uniform bill of lading, in paragraph 12, there is a statutorily directed provision, that states: i. “No carrier is liable for loss, damage or delay to any goods carried under the bill of lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within sixty days after delivery of the goods or, in the case of…...

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