ADDENDUM: RE ALBERTA LIMITATIONS ACT of MARCH 1, 1999

I'm including a copy of the relevant sections of the Alberta Limitations Act, particuarly those dealing with the absolute limitation period of liablility, as well as sections 8,9 which address those specific errors the debtor can make to restart the limitation period.

Furthermore, it might be the purpose of the consent order, that you've been asked to sign, falls under section 7 (Agreements), insofar as they are trying to get you to renew the limitation period.

I am including these sections of legislation because there appear to be a lot of sloppy, and even wrong, legal interperetations of it on the web. Some say that you can revive debts after they expire by doing such and such. Clearly, by Section 2, you can't. Again, the rules for limitations and debt revival of student loans are different than for general consumer debt and are not the intended subject of this Act. I've already posted some blogs on student loans elsewhere.

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Limitation periods

3(1) Subject to section 11, if a claimant does not seek a remedial order within

(a) 2 years after the date on which the claimant first knew, or in the circumstances ought to have known,

(i) that the injury for which the claimant seeks a remedial order had occurred,

(ii) that the injury was attributable to conduct of the defendant, and

(iii) that the injury, assuming liability on the part of the defendant, warrants bringing a proceeding,

or

(b) 10 years after the claim arose,

whichever period expires first, the defendant, ON PLEADING THIS ACT IS ENTITLED TO IMMUNITY in respect of the claim................

Agreement

7 Subject to section 9, if an agreement expressly provides for the extension of a limitation period provided by this Act, the limitation period is altered in accordance with the agreement.

1996 cL‑15.1 s7

Acknowledgment and part payment

8(1) In this section, ?claim? means a claim for the recovery, through the realization of a security interest or otherwise, of an accrued liquidated pecuniary sum, including, but not limited to a principal debt, rents, income and a share of estate property, and interest on any of them.

(2) Subject to subsections (3) and (4) and section 9, if a person liable in respect of a claim acknowledges the claim, or makes a part payment in respect of the claim, before the expiration of the limitation period applicable to the claim, the operation of the limitation period begins again at the time of the acknowledgment or part payment.

(3) A claim may be acknowledged only by an admission of the person liable in respect of it that the sum claimed is due and unpaid, but an acknowledgment is effective

(a) whether or not a promise to pay can be implied from it, and

(b) whether or not it is accompanied with a refusal to pay.

(4) When a claim is for the recovery of both a primary sum and interest on it, an acknowledgment of either obligation, or a part payment in respect of either obligation, is an acknowledgment of, or a part payment in respect of, the other obligation.

1996 cL‑15.1 s8

Persons affected by exceptions for agreement, acknowledgment and part payment

9(1) An agreement and an acknowledgment must be in writing and signed by the person adversely affected.

(2) An agreement made by or with an agent has the same effect as if made by or with the principal.

(3) An acknowledgment or a part payment made by or to an agent has the same effect as if it were made by or to the principal.

(4) A person has the benefit of an agreement, an acknowledgment or a part payment only if it is made

(a) with or to the person,

(b) with or to a person through whom the person derives a claim, or

(c) in the course of proceedings or a transaction purporting to be pursuant to the Bankruptcy and Insolvency Act (Canada).

(5) A person is bound by an agreement, an acknowledgment or a part payment only if

(a) the person is a maker of it, or

(b) the person is liable in respect of a claim

(i) as a successor of a maker, or

(ii) through the acquisition of an interest in property from or through a maker

who was liable in respect of the claim.

Ray

I hate these open ended questions. What type of loan is it and when did you stop making payments on it? For general consumer debt in Alberta, the limitation period is 2 years from the date of discovery of default by the creditor until they file the statement of claim with the court. It came into force on March 1, 1999.

What kind of consent form were you asked to sign? Was it a J2903 "Consent to Judgement Form," Or is a lawyer trying to file an otherwise SOL suit so that he can get you into mandatory mediation.

Anyhow, I'd NEVER sign anything without checking with, at least, one of the court clerks listed in the link below or even the Mediator''s office that's closest to where you live in Alberta.

I assume the amount is less than 25K so that it wouldn't go to the Court of the Queen's Bench.

Now, there's one other point that I've been harping on in previous posts. That's the importance of keeping your old statements and invoices. With these, it's bonafide that the creditor won't be able to falsely claim that interim payments or acknowledgements were made on the account to renew the SOL period all over again and thus be able to file a claim that would otherwise be barred.

In any event, don't ignore showing up to dispute the claim, in case the judge is sloppy and gives them a default judgement against you based on phoney information they file.

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albertacourts.ab.ca/go/ProvincialCourt/Civil/Civil ClaimProcess/BeforeYouSue/tabid/179/Default.aspx
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The link below had to be separated into 2 shorter lines because posting a long url hangs up the whole thread due to Firefox (which Monty has) and IE browser incompatibilities. So says Monty - damned if I know.

Ray

Agreed Vivek,
Statutes of limitations is law.. it's hard to argue with.

You should probably sign it and take the issue to court. If you have enough evidence to provide that the debt is past the statued of limitations, then there shouldn't be a problem.

This is a Consent Order from the Lawyer.He proposes to file to go to trial on the issue of whether or not there is a valid limitations defence.

This is a Consent Order from the Lawyer.He proposes to file to go to trial on the issue of whether or not there is a valid limitations defence.

I would be interested to know what the Consent Order says.. What are they asking you to Consent to...

Is this an order from the court, or something that CIBC is going to send to the court after you sign it?

Just a few Q's

I would be interested to know what the Consent Order says.. What are they asking you to Consent to...

Is this an order from the court, or something that CIBC is going to send to the court after you sign it?

Just a few Q's

How does a civil suit work? The Lawyers for CIBC, have sent a Consent Order, for us to sign. If they are the ones who started the procedings, why do they need me to consent to it. We sent them all the paper work for the statement of defence, stateing that the debt was over 2 years old (in Alberta). Do we have to sign? Or do we just ignore them now?

Can anyone help
I would appreciate the info
Kim