Can a limitation period be applied to a claim in defamation or breach of privacy?
British Columbia, Canada
The following excerpt is from Andersen v. Howes, 2012 BCSC 1229 (CanLII):
The defendant asserts as a proposition that s. 6(3) of the Limitation Act, which postpones the running of a limitation period in some types of claims, can never apply to a claim in defamation or for breach of privacy under the Privacy Act. In this regard the defendant relies on Sime v. Jupp, 2009 BCSC 1154. However, I read that decision at paragraph 17 as leaving open the possibility that postponement might apply in some cases.
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