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Difference between revisions of "Limitation Periods (20:App F)"
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→2. New Limitation Act
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=== 2. New Limitation Act === | === 2. New Limitation Act === | ||
Under the new ''Limitation Act'', the basic limitation period for most causes of action is 2 years from the date of '''discovery''' of the claim. Discovery is defined as the day on which the claimant knew or reasonably ought to have known all of the following: | |||
*a) That injury, loss or damage had occurred; | |||
*b) That the injury, loss or damage was caused by or contributed to by an act or omission; | |||
*c) That the act or omission was that of the person against whom the claim is or may be made; | |||
*d) That, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or damage333. | |||
Other limitations include: | |||
*Enforcement of civil judgements (s 7): 10 years from date of judgement; | |||
*Debts owed to government (s 38): 6 years; | |||
*Maximum limitation period (s 21(1)): 15 years after the original act or omission giving rise to the claim occurs. Applies to all claims falling under the (new) ''Limitation Act''. | |||
Under the (new) ''Limitation Act'', the running of both the basic and ultimate limitation periods may be delayed for minors (s 18), persons while under disability (ss 19, 25), and for fraud or wilful concealment of facts on the part of the defendant (ss 12, 21(3)). Both the basic 2 year limitation period and the 15 year ultimate limitation period are renewed if the defendant gives written and signed acknowledgement of liability (s 24). A counterclaim may be brought even though the limitation period has expired if the counterclaim relates to the claim to which it responds and that claim is within its applicable limitation periods (S 22). The Act generally does not apply to sexual assault claims, child or spousal support claims, or fines under the ''Offence Act'' (s 3). The Act also does not apply to limitation periods established under other legislation. | |||
=== 3. Other Legislation === | |||
Certain Acts will overrule the ''Limitation Act''. The ''Vancouver Charter'', S.BC1953, c 55; the ''Police Act'', R.S.BC1996, c 367; and the ''RCMP Act'', RS 1985, c. R-10, all have their own limitation periods and notice provisions, and must therefore be consulted before bringing an action against a party covered by one of these statutes. For limitation dates pertaining to employment, human rights complaints or residential/tenancy disputes, see the corresponding chapters of this manual. | |||
The ''Local Government Act'', RSBC 1996, c 323, sets a limitation date for claims against a municipality in BC (s 285) of 6 months after the cause of action arose. Notice of damages must be delivered to the municipality within 2 months from the date on which the damage was sustained unless the damage resulted in death, the claimant has a reasonable excuse, or the municipality is not unfairly prejudiced by the lack of notice (s 286(1-3)). | |||
