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The doctrine of continuous violation: Can it be caught by the doctrine of Estoppel and the statute of limitation?

Source: Derick Adu-Gyamf, Esq.

The doctrine of continuous violation: Can it be caught by the doctrine of Estoppel and the statute of limitation?
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INTRODUCTION

With this doctrine the decision in Bodner v Banque Pariba comes to mind. The court held thus:“’Federal courts have found the statute of limitations must accrue from the date of the last wrongful act where there is a continuous wrong. Leonhard v United States, 633 F. 2d 599, 613 (2d Cir. 1980). Thus, under the continuous violation doctrine, “the limitation period for a continuing offence does not began until the offence is completed.” United States v Rivera-Ventura, 72 F. 3d 277, 281 (2d Cir. 1995).. The nature of Plaintiffs claim is such that the continued denial of their assets, as well as facts and information relating thereto, if proven, constitutes a continuing violation...”

In this case the plaintiff, Jews, brought an action in the year 2000 for the recovery of their assets and damages from the Defendant bank. The basis of their claims is that the defendants have connived with the Nazi and the Vichy regimes during their World War II occupation of France to expropriate their private properties. The defendant pleaded the statute of limitation. The Plaintiff in turn pleaded continuing violation, namely, that every single day that the defendant refused to return the properties or, in lieu of that, pay compensation to them, constitute a new and fresh violation.

The doctrine is to the effect that if one violates a statute for a long period of time he cannot invoke the doctrine of estoppel or the statute of limitation to seek refuge upon his wrongful conduct. In the words of Amegatcher JSC is instructive “the police administration at the time should count themselves fortunate to have escaped the punishment for the unreasonable delay, …… failure to comply with the orders and direction of the Supreme Court given 28years ago and mustering the courage to plead that the enforcement of the orders and directions have been caught by the statute of limitation.”

Meaning of the doctrine ‘Continuous Violation’.

The continuing violation doctrine is one of such doctrines which statutes of limitation are incapable of overriding. Strictly speaking, the continuing doctrine is not exactly an exception to the statute of limitation. It is, in fact, consistent with statute of limitation. It indeed, acknowledges the limitations that a statute may place on the claim. It however, looks at the totality of the wrongful behavior complained of in determining whether the limitation that the statute places on the wrong is triggered. The basis of the doctrine is that the wrongful behavior complained of or another similar wrongful behavior which is consequent upon the initial wrongful behaviour complained of continues, even after the cause of action had fully accrued in respect of the initial wrongful behavior. In such a case, a new cause of action is deemed to accrue every single day that the wrongful behavior persists, thereby shifting the accrual date of the cause of action forward. It also means that until the wrongful behavior abates, each new day becomes the beginning of a new cause of action to which the putative defendant may be liable.


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