PRACTICE
Limitation of Actions
Appeal from dismissal by Federal Court (2005 FC 163) of claims on ground barred by Manitoba Limitation of Actions Act C.C.S.M. c. L150 (Act)—Representatives of leaseholders seeking declaration of right of perpetual renewal of leases in national park although no such term in leases—Appeal dismissed—Markevich v. Canada, [2003] 1 S.C.R. 94 undermining foundation of argument entitled to declaration as only remedy, not right, barred—Argument time not running as loss not yet suffered based on notion cause of action inchoate until renewal refused—If right of renewal claim depending on terms of prior leases, loss occurred when surrendered prior leases—If Crown’s conduct giving rise to right of redress, loss of right to perpetual renewal last element necessary to constitute cause of action—Reliance on Act, ss. 25, 26, 30 misplaced because not seeking to recover possession of land.
Abbott v. Canada (A-93-05, 2006 FCA 342, Pelletier J.A., judgment dated 20/10/06, 6 pp.)