b'BENCHMARKSThe 2010 Manitoba Law Reformmatter of time until Manitoba joins otherNote: This article is of a general nature Commission Report highlighted theCanadian jurisdictions on modernizing andonly and is not exhaustive of all possible differences between Manitobassimplifying The Limitation of Actions Act.legal rights or remedies. In addition, limitations legislation and those of otherlaws may change over time and should provinces. The report recommendedbe interpreted only in the context of bringing the current legislation in lineScott Tallon is an associate in theparticular circumstances such that with other provinces by abolishingconstruction law practice group at these materials are not intended to be the prescribed limitation periods forMLT Aikins LLP. Reach him at relied upon or taken as legal advice or the various categories of claims andstallon@mltaikins.com or 204-957-4804. opinion. Readers should consult a legal replacing them with a basic two-yearDaryl Chicoine is a partner in theprofessional for specific advice in any limitation period applicable to all claims.construction law practice group at particular situation.This two-year limitation period wouldMLT Aikins LLP. Reach him atstart when the existence of a claimdchicoine@mltaikins.comwas discovered or could have beenor 204-957-4605.discovered, instead of when the cause of the claim arose. The report also recommended an ultimate limitation period of 15 years, running from the date on which the act or omission on which theSILEX Fiberglass Windows & Doors claim is based took place.Beautiful ComfortA function of the proposed changes would be to relieve the claimant of the need to bring an application seeking leave in order to commence their action. The claimant would simply commence their action, and the limitation period would be a defence which could be raised by a defendant at trial. This would remove the time-consuming and expensive step requiring the claimant to first apply to the Court for leave before commencingits action.The proposed changes would have a significant impact on construction litigation. Under the current legislation,1266 Border Street Winnipeg, MBR3H 0M6 a claimant who discovers a buildingT. 204 788 0648 | F. 204 788 0649 | www.silexberglass.comdefect must first consider whether they are within the six-year limitation period for damage to property. If the defect is discovered outside that six-year period, they must, within 12 months of discovering the defect, elect to bring an application seeking leave from the Court to commence their claim.The proposed changes would also replace the six-year limitation period with an ultimate limitation period of 15 years. A claimant would have the entirety of the ultimate limitation period to discover defects. It is only when a defect is discovered that the two-year limitation period would begin to run.It is worth noting that the recommendations of the Law Reform Commission were made in 2010, and no reform has yet been undertaken. However, in light of the Manitoba Court of Appeals comments in St. Boniface General Hospital, it appears likely to be only a Issue 1 Spring Edition 2020 BUILD MANITOBA 31'