The phrase “limitation bars the remedy but does not destroy the right” means that the expiration of the time limit for bringing a legal claim (known as the “limitation period”) can prevent a person from seeking a legal remedy for a wrong that was committed, but it does not erase the person’s right to seek justice. In other words, the limitation period serves as a deadline for pursuing a legal remedy, but it does not extinguish the underlying legal right that was violated.
There are some exceptions to this general rule. For example, in some cases, the limitation period may be extended or “tolled” (suspended) if the person who has suffered the wrong was unable to bring a claim due to circumstances beyond their control, such as if they were incapacitated or imprisoned. In addition, some legal rights may be protected by “statutes of repose,” which create a time limit beyond which a claim cannot be brought, regardless of the circumstances.
It is important to note that the limitation period for bringing a legal claim varies depending on the type of claim and the jurisdiction in which the claim is being brought. It is therefore important to understand the relevant limitation periods and to bring a claim within the required time frame in order to preserve the right to seek a legal remedy.
Gill law blog 