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Difference between revisions of "Limitations"
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=== Limitations for debts === | === Limitations for debts === | ||
A new [http://canlii.ca/t/8qx3 Limitation Act] was enacted in 2013. As of June 1, 2013, a basic two-year limitation period applies to most claims for injury, loss or damage. Section 6 of the Act governs most debt situations. Legal actions for claims, including unsecured debts, cannot be brought later than two years after the date on which the right to bring the action arose. | A new [http://canlii.ca/t/8qx3 ''Limitation Act''] was enacted in 2013. As of June 1, 2013, a basic two-year limitation period applies to most claims for injury, loss or damage. Section 6 of the Act governs most debt situations. Legal actions for claims, including unsecured debts, cannot be brought later than two years after the date on which the right to bring the action arose. | ||
Note that under the former ''Limitation Act'', the limitation period for debts was six years. Figuring out whether the current or former ''Limitation Act'' applies to a particular case is very important. | Note that under the former ''Limitation Act'', the limitation period for debts was six years. Figuring out whether the current or former ''Limitation Act'' applies to a particular case is very important. | ||
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Note that under the former ''Limitation Act'', unsecured debts to the government (for example, welfare overpayments) were generally governed by a six-year limitation period. '''Under the current legislation, most debts to the province of BC continue to be governed by a six-year limitation period'''. This same six-year limitation period also applies to claims by ICBC for “motor vehicle indebtedness”. | Note that under the former ''Limitation Act'', unsecured debts to the government (for example, welfare overpayments) were generally governed by a six-year limitation period. '''Under the current legislation, most debts to the province of BC continue to be governed by a six-year limitation period'''. This same six-year limitation period also applies to claims by ICBC for “motor vehicle indebtedness”. | ||
If there is some question as to whether a client might have a limitation defence, advocates should tell the client not to make any payments in the meantime, and not to give any kind of written statement (for example, in a letter to the creditor) acknowledging the debt. | If there is some question as to whether a client might have a limitation defence, advocates should tell the client not to make any payments in the meantime, and not to give any kind of written statement (for example, in a letter to the creditor) acknowledging the debt. | ||
=== Limitations for judgments === | === Limitations for judgments === | ||
