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Payment for a medical report does not extend the limitation period

July 2015 Cox & Palmer, Newfoundland & Labrador

Tuck v. Supreme Holdings Ltd., 2014 NLTD(G) 131

Tuck’s action, involving a car accident, was issued outside the two year limitation period. Tuck tried to save the suit, arguing that the limitation was extended by confirmation. Under the Limitations Act, confirmation can occur by “acknowledgment” of the cause of action or by “payment in respect of” the cause of action. Tuck argued that the defendant’s payment for a medical report confirmed the cause of action.

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