When does the limitation period get suspended?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The limitation period is a specific timeframe within which a claimant must initiate legal action. In certain circumstances, the law recognizes that individuals may not be in a position to assert their claims, which leads to a suspension of this limitation period.

The correct answer indicates that the limitation period is suspended when the claimant is a minor or mentally incompetent. This provision exists to protect vulnerable individuals who may not have the legal capacity to bring forth a claim due to their age or mental state. For minors, the law acknowledges that individuals below a certain age (usually 18) cannot fully understand or engage in legal processes. Similarly, those who are deemed mentally incompetent may lack the ability to make informed decisions regarding legal matters, including filing a claim. Therefore, the limitation period is paused to allow them to have the opportunity to bring their claims forth once they reach adulthood or their mental capacity is restored.

The other choices do not trigger a suspension of the limitation period. For instance, going on vacation does not affect an individual's legal rights or capacities. Filing a claim in a higher court or moving to another province does not inherently affect the individual's ability to file a claim or the timeline within which they must do so, meaning the limitation period would continue to run.

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