Limitation Periods (20:App F) - Revision history

LSLAP at 19:42, 13 October 2025

2025-10-13T19:42:30Z

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	{{REVIEWED LSLAP \| date= July ~~31, 2024~~}}		{{REVIEWED LSLAP \| date= 11 July 2025}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

LSLAP at 17:55, 7 August 2024

2024-08-07T17:55:06Z

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	{{REVIEWED LSLAP \| date= ~~June 24~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= July 31, 2024}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

Clicklaw Editor at 19:12, 19 September 2023

2023-09-19T19:12:33Z

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	{{REVIEWED LSLAP \| date= ~~September 8~~, 2023}}		{{REVIEWED LSLAP \| date= June 24, 2023}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

	To calculate limitations dates that were affected by COVID-19, please refer to the examples below provided by the Law Society of BC webpage “Guidelines for calculating BC limitation periods” at https://www.lawsociety.bc.ca/about-us/covid-19-response/guidelines-for-calculating-bc-limitation-periods.

	* If the limitation period would normally have expired between March 26, 2020, and March 25, 2021, add one year to the expiry year of the limitation period. Thus, persons have the same amount of time remaining after the suspension of limitation periods as they did before.

	* If the cause of action arose before March 26, 2020, and would normally expire after March 26, 2021, add one year to the expiry year of the limitation period.

	* If the cause of action arose after the suspension of limitation periods but before March 25, 2021, then the limitation period expires on March 26, 2023. In this way, a limitation period that began to run during the suspension starts to run when the suspension is lifted.

	This automatic suspension '''did not''' apply to the CRT, but the ministerial order does give the CRT the discretion to waive, suspend or extend mandatory time periods relating to its statutory power of decision, which includes both limitation dates and the 28-day deadline to file a notice of objection to a CRT decision. Once the state of emergency is removed, the CRT will lose this discretionary power so requests to the CRT relating to mandatory time periods should be filed '''as soon as possible'''. For time periods set by the ''Civil Resolution Tribunal Rules'', such as the time period to file a Dispute Response, the Rules allow the CRT to amend a time period if certain criteria are met; this is unrelated to the existing state of emergency but if a party needs an extension due to circumstances related to COVID-19, they should request the extension as soon as possible (''CRTR'', Rule 1.15). For the latest information, consulthttps://civilresolutionbc.ca.

	== 1. Small Claims ==		== 1. Small Claims ==
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LSLAP: No edits

2023-09-08T21:23:44Z

No edits

← Older revision		Revision as of 21:23, 8 September 2023
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	{{REVIEWED LSLAP \| date= ~~June 24~~, ~~2022~~}}		{{REVIEWED LSLAP \| date= September 8, 2023}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

Desy Wahyuni at 03:09, 22 July 2023

2023-07-22T03:09:58Z

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	{{REVIEWED LSLAP \| date= June 24, 2022}}		{{REVIEWED LSLAP \| date= June 24, 2022}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

	:'''NOTE:''' Due to COVID-19, limitation dates were temporarily suspended. However, as of March 25, 2021, the suspension has been lifted, and limitations dates function as per usual. For the latest information, consult https://www.provincialcourt.bc.ca/COVID19.

	To calculate limitations dates that were affected by COVID-19, please refer to the examples below provided by the Law Society of BC webpage “Guidelines for calculating BC limitation periods” at https://www.lawsociety.bc.ca/about-us/covid-19-response/guidelines-for-calculating-bc-limitation-periods.		To calculate limitations dates that were affected by COVID-19, please refer to the examples below provided by the Law Society of BC webpage “Guidelines for calculating BC limitation periods” at https://www.lawsociety.bc.ca/about-us/covid-19-response/guidelines-for-calculating-bc-limitation-periods.

Clicklaw Editor: /* 1. Small Claims */

2022-11-23T21:58:59Z

1. Small Claims

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	:(b) that the injury, loss or damage was caused by or contributed to by an act or omission;<BR>		:(b) that the injury, loss or damage was caused by or contributed to by an act or omission;<BR>
	:(c) that the act or omission was that of the person against whom the claim is or may be made;<BR>		:(c) that the act or omission was that of the person against whom the claim is or may be made;<BR>
	:(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 damage ('"Limitation Act'', s 8).		:(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 damage (''Limitation Act'', s 8).

	Other limitations include:		Other limitations include:

Clicklaw Editor: /* 1. Small Claims */

2022-11-23T21:57:51Z

1. Small Claims

← Older revision		Revision as of 21:57, 23 November 2022
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	Under the ''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:		Under the ''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;<BR>		:(a) that injury, loss or damage had occurred;<BR>
	(b) that the injury, loss or damage was caused by or contributed to by an act or omission;<BR>		:(b) that the injury, loss or damage was caused by or contributed to by an act or omission;<BR>
	(c) that the act or omission was that of the person against whom the claim is or may be made;<BR>		:(c) that the act or omission was that of the person against whom the claim is or may be made;<BR>
	(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 damage ('"Limitation Act'', s 8).		:(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 damage ('"Limitation Act'', s 8).

	Other limitations include:		Other limitations include:

Clicklaw Editor: /* 1. Small Claims */

2022-11-23T21:57:34Z

1. Small Claims

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	Under the ''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:		Under the ''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;		(a) that injury, loss or damage had occurred;<BR>
	(b) that the injury, loss or damage was caused by or contributed to by an act or omission;		(b) that the injury, loss or damage was caused by or contributed to by an act or omission;<BR>
	(c) that the act or omission was that of the person against whom the claim is or may be made;		(c) that the act or omission was that of the person against whom the claim is or may be made;<BR>
	(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 damage ('"Limitation Act'', s 8).		(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 damage ('"Limitation Act'', s 8).

Clicklaw Editor: /* 1. Small Claims */

2022-11-23T21:57:12Z

1. Small Claims

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	== 1. Small Claims ==		== 1. Small Claims ==

	The ''Limitation Act'', SBC 2012, c 13 [Limitation Act] came into effect on June 1, 2013. A claim is governed by this Act if the claim was discovered after this date, unless the facts underlying the claim arose before the effective date and the limitation period under the old ''Limitation Act'', RSBC 1996, c 266 has expired (s 30(3-4)).		The ''Limitation Act'', SBC 2012, c 13 [Limitation Act] came into effect on June 1, 2013. A claim is governed by this Act if the claim was discovered after this date, unless the facts underlying the claim arose before the effective date and the limitation period under the old ''Limitation Act'', RSBC 1996, c 266 has expired (s 30(3-4).

	Under the ''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:		Under the ''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:

	#that injury, loss or damage had occurred;		(a) that injury, loss or damage had occurred;
	#that the injury, loss or damage was caused by or contributed to by an act or omission;		(b) that the injury, loss or damage was caused by or contributed to by an act or omission;
	#that the act or omission was that of the person against whom the claim is or may be made;		(c) that the act or omission was that of the person against whom the claim is or may be made;
	#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 damage ('"Limitation Act'', s 8).		(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 damage ('"Limitation Act'', s 8).

	Other limitations include:		Other limitations include:
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	Under the ''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.		Under the ''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.

	The Notice of Claim must be '''filed''' before the limitation period expires. If a notice of claim has not been '''served''' within 12 months after it was filed, it expires, but the claimant may apply to have it renewed (''SCR'', Rules 16(2)(a), 16(2)(a.1) and 16(3)).		The Notice of Claim must be '''filed''' before the limitation period expires. If a notice of claim has not been '''served''' within 12 months after it was filed, it expires, but the claimant may apply to have it renewed (''SCR'', Rules 16(2)(a), 16(2)(a.1) and 16(3)).

	== 2. Civil Resolution Tribunal ==		== 2. Civil Resolution Tribunal ==

Clicklaw Editor at 21:51, 23 November 2022

2022-11-23T21:51:30Z

← Older revision		Revision as of 21:51, 23 November 2022
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	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

	'''NOTE:''' Due to COVID-19, limitation dates were temporarily suspended. However, as of March 25, 2021, the suspension has been lifted, and limitations dates function as per usual. For the latest information, consult https://www.provincialcourt.bc.ca/COVID19.		:'''NOTE:''' Due to COVID-19, limitation dates were temporarily suspended. However, as of March 25, 2021, the suspension has been lifted, and limitations dates function as per usual. For the latest information, consult https://www.provincialcourt.bc.ca/COVID19.

	To calculate limitations dates that were affected by COVID-19, please refer to the examples below provided by the Law Society of BC webpage “Guidelines for calculating BC limitation periods” at https://www.lawsociety.bc.ca/about-us/covid-19-response/guidelines-for-calculating-bc-limitation-periods.		To calculate limitations dates that were affected by COVID-19, please refer to the examples below provided by the Law Society of BC webpage “Guidelines for calculating BC limitation periods” at https://www.lawsociety.bc.ca/about-us/covid-19-response/guidelines-for-calculating-bc-limitation-periods.