BILL 27

An Act to Amend the Limitation of Actions Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 14.1 of the Limitation of Actions Act, chapter L-8.5 of the Acts of New Brunswick, 2009, is amended

(a)  by renumbering the section as subsection 14.1(1);

(b)  by repealing subsection (1) and substituting the following:

14.1( 1) There is no limitation period in respect of a claim for damages for trespass to the person, assault or battery if

(a)  the act complained of is of a sexual nature, or

(b)  at the time of the act complained of, the claimant was in an intimate personal relationship, as defined in the Intimate Partner Violence Intervention Act, with the defendant or was financially, emotionally or physically dependent on the defendant.

(c)  by adding after subsection (1) the following:

14.1( 2) Subsection (1) applies to a claim for trespass to the person, assault or battery that occurred before or after the commencement of this section and regardless of the expiry of any previously applicable limitation period under this Act or a former version of this Act.

14.1( 3) Subsection (1) revives the right to file a claim of a claimant who prior to the commencement of this section had a proceeding dismissed solely on the grounds that a previously applicable limitation period under this Act or a former version of this Act had expired.

14.1( 4) This section does not apply in the case of a claim

(a)  that has been settled and for which the settlement is legally binding, including a claim that formed part of a class action that has been settled, regardless of whether the claim was submitted as part of the class action, or

(b)  that has been dismissed by a court and with respect to which no further appeal is possible, subject to subsection (3).