The Limitations Act and Oil and Gas Transactions


  • Allan D. Nielsen
  • Darwin A. Schofer



Energy Law, Petroleum Law


This article was written in 1998 while Limitation of Actions Act was still in force. On March 1,1999, the Limitations Act was proclaimed which had the effect of repealing the Limitation of Actions Act. The article examines the Limitation of Actions Act with respect to the common law principle of discoverability, and the length and dates of the limitations periods of oil and gas actions in Alberta. It then compares these provisions to the scope of the new Limitations Act with particular attention paid to the legislated discoverability rule. With respect to the courts' analysis of limitations issues, the authors survey pertinent case law, illustrating the complexity of the limitations scheme under the old Limitation of Actions Act