STRAIGHTVAC SERVICES LTD v SUNSHINE OILSANDS LTD, 2024 ABCA 8

KHULLAR, STREKAF AND HO JJA

13.14: Endorsements on documents

Case Summary

This was an Appeal that centered on the interpretation of Ministerial Order 27/2020, issued during the COVID-19 pandemic, which suspended the running of limitation periods under Section 3(1)(a) of the Limitations Act. The Chambers Judge's narrow interpretation led to the summary dismissal of the Appellant’s Action, a decision which was subsequently challenged. The Appellate Court clarified that the Ministerial Order intended to suspend these limitation periods for all Actions during its effective period, irrespective of when the Actions were commenced.

The context of the dispute involved StraightVac Services Ltd. (“StraightVac”), which sought rectification or damages against Sunshine Oilsands Ltd. following disagreements over a share transfer as per their settlement agreement. Although StraightVac initiated its claim after the nominal expiration of the typical limitation period, it fell within the extended timeframe due to the pandemic-related suspension.

The Court also touched on the implications of Rule 13.14, which pertains to filing deadlines but those were specifically exempted from suspension by the Master Orders referenced in the Appeal. The Court noted that the Master Orders did not suspend the limitation periods set by the Limitations Act, thus maintaining the applicability of the Ministerial Order's suspension to the case at hand.

Ultimately, the Court concluded that the initial Summary Dismissal was incorrect, leading to the allowance of the Appeal and the setting aside of the Summary Dismissal.  

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