Open AccessThe Limitations Act and Oil and Gas Transactions
Author(s) -
Allan D. Nielsen,
Darwin A. Schofer
Publication year - 1999
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr523
Subject(s) - discoverability , scope (computer science) , law , law and economics , business , political science , economics , computer science , human–computer interaction , programming language
This article was written in 1998 while Limitation of Actions Act was still in force. On March 1,1999, the Limitations Act was proclaimed which had the effect of repealing the Limitation of Actions Act. The article examines the Limitation of Actions Act with respect to the common law principle of discoverability, and the length and dates of the limitations periods of oil and gas actions in Alberta. It then compares these provisions to the scope of the new Limitations Act with particular attention paid to the legislated discoverability rule. With respect to the courts' analysis of limitations issues, the authors survey pertinent case law, illustrating the complexity of the limitations scheme under the old Limitation of Actions Act