As explained in Tipp #3, the right to appeal lapses once the statute of limitations of the underlying claim has expired. If your customer`s contract or agreement contains an out-of-court remedy for infringement or damage, remember that the remedy is no longer available after the expiry of the two-year limitation period. This may include dispute resolution remedies, such as arbitration or mediation. 8. The new law does not address the possibility for private parties to vary limitation periods by agreement The Colburn case was a class action concerning price-fixing allegations concerning credit card fees paid by merchants. Some defendants have reached an agreement and the prosecution continues against the remaining defendants. The defendants announced the existence of a JDA and toll agreements, and the applicant requested a court decision requiring the establishment of all agreements. Joint defence agreements („JDAs“) recall the agreement entered into by the defendant to exchange confidential and/or privileged information without renouncing privileges over such information, while toll agreements provide for limitation periods and preserve the rights of the defendant to assert claims against each other in subsequent proceedings. From time to time, plaintiffs will require the establishment of JDAs and toll agreements, and two B.C cases in which the court has reached findings to the contrary are useful in determining when DDAs and toll agreements should be established. Lawyers should take this into account when drafting agreements, as it is not yet known whether the new law, or how, could affect agreements that provide for changes to a limitation period or agreements that contain arbitration clauses. „ In my view, Bilfinger does not represent the Applicant`s broad and general argument.
The bilfiinger decision and subsequent cases were characterized by the general need to ensure that the judicial proceedings were not affected by agreements between or between the defendants, as well as by the fear that the agreement at issue in the Bilfiinger case would alter the contradictory direction of the judicial landscape. The new law clarifies that, once a right is time-barred, any remedy related to that right is time-barred, even if it is not judicial. Extrajudicial remedies are those that a person has the legal or contractual right to exercise without being brought to justice; for example, pledging against rent or proceeding under a binding arbitration clause in an agreement. Whether or not your customer`s recourse involves legal proceedings, you need to ensure that the restriction is properly recorded in the company`s central log system and that you follow the caution „act at an early stage“ in tipp #1, including the initiation of actions that your customer wishes to follow later. The current legislation allows the courts to apply the B.C. statute of limitations or the foreign statute of limitations, which would result in a fairer result. The new law provides that courts must apply foreign statute of limitations when applying the substantive law of another jurisdiction, subject to certain exceptions.. . .