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Difference between revisions of "Limitation Periods (20:App F)"

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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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