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What is extinctive prescription?
Extinctive prescription is a legal period beyond which you can no longer take legal action to assert your rights. In Quebec, this fundamental concept of civil law is governed by the Civil Code of Quebec (CCQ), in particular articles 2875 to 2933. Understanding the limitation rules is essential, as an appeal made after the expiry of the time limit will be rejected. According to the Civil Code of Québec, several limitation periods apply depending on the nature of the action.
Whether you have a dispute with a contractor, a commercial dispute or a property dispute, knowing the applicable deadlines is crucial. Our civil litigation firm regularly assists our clients in managing limitation issues and protecting their rights within the set deadlines.
The main limitation periods in Quebec
| Type of appeal | Limitation | periodReference |
|---|---|---|
| General | civil action3 years | Article 2925 CCQ |
| Remedies in contractual | matters3 years | Article 2925 CCQ |
| Rights in rem in immovable property | 10 years | Article 2923 CCQ |
| Remedies | 1 year | Article 2927 CCQ |
| Personal Liability | Action3 years | Article 2925 CCQ |
| Appeals relating to personality | rights3 years | Article 2925 CCQ |
When does the statute of limitations begin?
A crucial point in managing your prescription is to know precisely when the period starts to run. According to article 2876 of the CCQ, prescription begins as soon as the right has arisen, that is, when the holder of the right can take action to enforce it. In contractual matters, for example, the limitation period generally begins at the time of the breach of contract or failure to perform.
For a civil liability claim, the limitation period begins to run from the day on which the damage occurred, not from the day of the harmful event. This distinction can be strategically important. For example, in construction disputes, defects may not be discovered until months or years after the work has been completed.
In real estate matters, the prescription of rights in rem (for example, a right of servitude or a disputed right of ownership) also begins from the moment the third party begins to infringe this right. Our civil and commercial litigation team regularly evaluates these complex calculations to determine if deadlines are still being met.
Suspension of the prescription
The suspension of the limitation period temporarily interrupts the calculation of the time limit. According to article 2905 of the CCQ, the limitation period is suspended between certain family members (such as the minor and his or her tutor), and in other legally defined situations.
During the suspension, the time limit does not continue to elapse. Once the cause of suspension has disappeared, the limitation period resumes its course from the point where it left off. For example, if a minor has a recourse to make, the statute of limitations does not expire until the minor reaches the age of majority. Once you reach the age of majority, the period resumes, but it is important to know that the suspension does not erase the time that has already passed.
Interruption of prescription
Interruption, unlike suspension, completely resets the time limit. According to article 2892 of the CCQ, prescription is interrupted by a legal action, an application for arbitration, or an acknowledgment of the right by the debtor.
An acknowledgment can be explicit (e.g., the debtor acknowledges in writing that he or she owes you money) or implied (e.g., the debtor makes a partial payment). As soon as there is an interruption, the limitation period starts over at zero, giving the right holder a new full period to act.
Suspension vs. interruption of prescription
| Appearance | Suspension | Interruption |
|---|---|---|
| Effect on the time limit | Temporary | pauseFull reset |
| Duration | Temporary (as long as the cause persists) | Permanent (the time limit starts at zero) |
| Main causes | Legal incapacity, force majeure | Legal application, acknowledgement of debt |
| Time elapsed before | Always | CountsIs erased |
Consequences of an acquired statute of limitations
When the limitation period expires without being suspended or interrupted, the right is definitively extinguished. According to article 2895 of the CCQ, an action taken after the expiry of the limitation period is inadmissible and the court will dismiss the action. This rejection is automatic and can be raised as a defence by the defendant.
The consequences are serious: you lose any legal recourse to assert your rights, even if you have solid proof of your prejudice. This is why it is imperative to consult a legal professional as soon as possible. Construction litigation is a good example of the importance of this, where defects can take years to manifest themselves, and where the calculation of the timing of the starting point is complex.
A statute of limitations can also create protection for the defendant: once the period has elapsed, the defendant can be released from his obligations without ever having reimbursed or repaired the damage.
Our civil litigation lawyers near you
Complying with the statute of limitations is essential to preserve your rights. The ABG&CJ Lawyers team advises clients on prescription issues in Montreal, Longueuil, Laval, the South Shore and Repentigny. Our lawyers can check whether your appeal is still within the deadline and, if so, identify the applicable exceptions.
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Frequently Asked Questions
How long do I have to file a civil action in Quebec?
The general time limit is 3 years for most civil actions (contracts, civil liability, etc.). However, some appeals have different time limits: 1 year for work, 10 years for real property rights. The time limit begins to run as soon as the right has arisen and the holder can act.
Does a formal notice stop the statute of limitations?
A formal notice alone does not interrupt the statute of limitations. Only a legal application or an application for arbitration truly interrupts the limitation period under article 2892 of the CCQ. However, a demand letter is an important step that formally documents your intention to act and can influence liability issues.
Can the statute of limitations be suspended indefinitely?
No, the suspension is never indefinite. It lasts as long as the cause of the suspension (e.g. the incapacity of the right holder) persists. Once this cause has disappeared, the statute of limitations resumes. This means that you must remain vigilant, even if you are currently in a suspension situation.
What happens if the debtor acknowledges his debt after the expiry of the period?
An acknowledgement of the debt after the expiry of the limitation period does not extinguish the acquired prescription. The law has already died out and cannot be revitalized by further recognition. The debtor can then rely on the prescription to refuse to pay, even if he acknowledges his debt.
How can I protect my right before it becomes time-barred?
The best protection is to file an action before the time limit expires. You can also negotiate with the debtor to obtain a written acknowledgement of their debt, which would interrupt the statute of limitations. Finally, consult our firm as soon as you spot a potential problem. Prompt civil action can prevent you from losing all your recourse.
