By William E. McNally and Barbara E. Cotton

Section 4 of the Limitations Act, R.S.A. 2000, c. L-12 incorporates the equitable doctrine of fraudulent concealment. The important thing to note about this doctrine is that it incorporates a concept of "fraud" which is much broader than the common law concept. The definition of equitable fraud is set out in Kitchen v. Royal Air Force Association and is conduct which, having regard to some special relationship between the two parties concerned, is an unconscionable thing for the one to do towards the other.

The concept of equitable fraud does not involve any degree of moral turpitude, nor does it require any positive act of concealment. It has been recently stated that the requirements to establish equitable fraud are minimal, and can include a mere failure to inform the other party of information which would make them aware of their cause of action.

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