CHAPTER 22

AN ACT TO EXTINGUISH OBSOLETE ACTIONS IN THE PROVINCE

(Assented to June 27, 2012)

Analysis

        1.   Short title

        2.   Breach of promise of marriage

        3.   Loss of services of a female in consequence of rape or seduction

              EVIDENCE ACT

        4.   S.7 Rep.
Breach of promise of marriage

              JURYACT, 1991

        5.   S.32 Amdt.
Juries in certain actions

        6.   S.34 Amdt.
Direction to jury

              SMALL CLAIMS ACT

        7.   S.3 Amdt.
Jurisdiction

              SURVIVAL OF ACTIONS ACT

        8.   S.4 Amdt.
Damages that may be recovered

        9.   S.11 Amdt.
Actions to which Act does not apply

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Obsolete Actions Extinguishment Act.

Breach of promise of marriage

        2. No proceeding shall be brought for breach of promise of marriage, or for damages respecting breach of promise of marriage.

Loss of services of a female in consequence of rape or seduction

        3. No proceeding shall be brought by a person for the loss of services of a female in consequence of rape or seduction.

EVIDENCE ACT

RSNL1990 cE-16
as amended

        4. Section 7 of the Evidence Act is repealed.

JURY ACT, 1991

SNL1991 c16
as amended

        5. Subsection 32(1) of the Jury Act, 1991 is repealed and the following substituted:

Juries in certain actions

      32. (1) In actions of defamation, malicious prosecution or false imprisonment, the plaintiff and the defendant may indicate in a certificate of readiness filed under the Rules of the Supreme Court, 1986 that he or she wishes the issues of fact tried by a judge with a jury.

 

        6. Subsection 34(1) of the Act is repealed and the following substituted:

Direction to jury

      34. (1) A presiding judge may direct a jury to answer questions of fact stated to them by the judge instead of giving a general or special verdict, except in cases of an action for malicious prosecution or false imprisonment.

SMALL CLAIMS ACT

RSNL1990 cS-16
as amended

        7. Paragraph 3(2)(c) of the Small Claims Act is repealed and the following substituted:

             (c)  for malicious prosecution, false imprisonment or defamation; or

SURVIVAL OF ACTIONS ACT

RSNL1990 cS-32
as amended

        8. Paragraph 4(c) of the Survival of Actions Act is repealed.

 

        9. Paragraphs 11(e) and (f) of the Act are repealed.

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