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

Revision as of 05:19, 17 August 2020

NOTE: In response to the COVID-19 pandemic, the BC government suspended all limitation dates for civil claims, including small claims, effective April 8th, 2020. For the latest information, consult: https://www.provincialcourt.bc.ca/COVID19.

This automatic suspension does 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 (Civil Resolution Tribunal Rules, Rule 1.15). For the latest information, consult: https://civilresolutionbc.ca/covid-19/.

The remainder of this section is thus inapplicable at the time of writing until further notice.

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 (See Limitation Act, 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:

That injury, loss or damage had occurred;
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;
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:

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 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 (See Small Claims Rules, Rules 16(2)(a), 16(2)(a.1) and 16(3)).

2. Civil Resolution Tribunal

The Limitation Act applies to the CRT; however, for claims brought under the CRT, the limitation period does not run after a party asks the tribunal to resolve a claim. A party has 28 days following the tribunal’s decision, the date on the court order, or the date the tribunal certifies that the parties have completed the tribunal’s process to bring or continue a claim in court.

3. Other Legislation

Certain Acts will overrule the Limitation Act. The Vancouver Charter, SBC 1953, c 55; the Police Act, RSBC 1996, 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)).

	Old Limitation Act:	New Limitation Act:
Application:	Applies if discovery occurred before June 1, 2013	Applies if discovery occurred after June 1, 2013
Basic Limitation Period:	6 years after events occurred*	2 years after discovery**
Damages to Personal Injury or Property:	2 years after events occurred	2 years after discovery
Debts owed to government:	6 years after events occurred	6 years, including ICBC claims for vehicle indebtedness, student loans and medical fees
Counterclaims:	Not barred by expiry of limitation period if counterclaim connected to the claim to which it responds and the limitation period for that claim has not expired.	Not barred by expiry of limitation period if counterclaim connected to the claim to which it responds and the limitation period for that claim has not expired.
Ultimate Limitation Period:	30 years after all damages occurred 6 years for negligence/malpractice actions against medical practitioners & hospitals	15 years after original events occurred
Enforcement of Judgements:	10 years after judgement	10 years after judgement

*See Limitation Act, RSBC 1996 c 266 for exceptions

**See Limitation Act, SBC 2012 c 13 for exceptions

@@ Line 1: / Line 1: @@
 {{LSLAP Manual TOC|expanded = smallclaims}}
-A claim is governed by the (old) ''Limitation Act'', RSBC 1996, c 266 [''Old Limitation Act''] if discovery occurred before June 1,  2013. (See ''Limitation Act'', SBC 2012, c 13: s 30(3-4) [''Limitation Act'']). The definition of discovery is given in the (new) ''Limitation Act'' and may  be found in the corresponding section of this Appendix. Under the (old) ''Limitation Act'', the limitation period depends on the type of claim and who the other party is. A claim may consist of several causes of action and each cause of action may have a separate/different limitation period.
+'''NOTE:''' In response to the COVID-19 pandemic, the BC government suspended all limitation dates for civil claims, including small claims, effective April 8th, 2020. For the latest information, consult: https://www.provincialcourt.bc.ca/COVID19.
-The (new) ''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 [''Old Limitation Act''] has expired. (See ''Limitation Act, SBC 2012, c 13: s 30(3-4) [''Limitation Act'']).
+This automatic suspension does 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 (''Civil Resolution Tribunal Rules'', Rule 1.15). For the latest information, consult: https://civilresolutionbc.ca/covid-19/.
-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 (Rule 16(3)).
+'''The remainder of this section is thus inapplicable at the time of writing until further notice.'''
-It should be noted that for claims brought under Civil Resolution Tribunal, Limitation Dates are treated differently. The CRT is governed by the Limitation Act, SBC 2012, c 13 [''Limitation Act''], however unlike with other courts, the limitation period does not stop when an application for dispute resolution is filed with the CRT. The CRT must issue an initiating notice (Dispute Notice) to pause the limitation period. This should be done within 24 hours of the CRT receiving an Application for Dispute Resolution, but it may take longer. Unlike with other courts the limitation period resumes if a Notice of Objection is filed, so this should be kept in mind during the CRT process. A court or tribunal might decide to extend a limitation period, because the person with the claim couldn’t have found out about it before the countdown finished or if the person who caused the harm or loss does something to confirm the other person’s right to make a claim. This is a discretionary power of the court or tribunal however, and limitation periods are generally followed strictly.
+== 1. Small Claims ==
-=== 1. Old Limitation Act ===
+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 (See ''Limitation Act'', s 30(3-4)).
-Generally, time limitations begin to run from the date of the breach (when all of the elements of the cause of action came into existence).    This Act does NOT apply to actions listed under s 3(4), including actions for sexual assault or misconduct. Time limits for the more common causes of action are:
+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:
-*Default limitation period: 6 years (s 3(5));
+#That injury, loss or damage had occurred;
-*Breach of contract: 6 years (insurance: one year); generally notice period required (note: see bullet point immediately below);
+#That the injury, loss or damage was caused by or contributed to by an act or omission;
-*Damages for the injury of person or property (including economic loss arising from the injury), '''whether based on contract, tort, or statutory duty''': 2 years (''Limitation Act'', s 3(2)(a));
+#That the act or omission was that of the person against whom the claim is or may be made;
-*Debt: six years (from the date of the last acknowledgment of the debt, with some exceptions);
+#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).
-*Enforcement of local judgement for money or return of personal property: 10 years (s 3(3)(f));
-*Ultimate limitation period: 30 years after all elements of a given cause of action are complete (after all damages have occurred). Applies to all claims falling under the (old) ''Limitation Act'' except for exceptions under s 8(1);
-*Special ultimate limitation period for hospitals, hospital employees and doctors: 6 years (s 8(1)).
-In most cases, the action lapses when the time limit expires. In some circumstances, s 6 of the ''Limitation Act'' allows for the running of the basic limitation period, but NOT the ultimate limitation date, to be postponed. Notably, this is the case for actions for personal injury,  damage to property, professional negligence, and any action based on fraud or deceit. In these circumstances the running of time does not begin  until such time as the identity of the defendant is known to the plaintiff, and a reasonable person, making normal and appropriate inquiries would have discovered a cause of action to exist. (See ''Shah v Governor and Co of Adventurers of England Trading into Hudson’s Bay Co (cob Hudson’s Bay Co)'' [2008] BCJ No 479, 2008 BCCA 114). The limitation period is renewed (up to the 30 year ultimate limitation period) if the cause of action is confirmed (s 5) by the defendant’s acknowledgement or part payment of the amount claimed before the original limitation period expires.
+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.
-'''NOTE:''' Where an action has already been commenced, the court has the discretion to allow a third party to be added even if the limitation  period for a claim against that third party has expired. See ''Teal Cedar Products (1977) Ltd. v Dale Intermediaries Ltd.'' (1996), 19 B.C.L.R.  (3d) 282 (C.A.) and ''Wadsworth v Macleod'' (2004), B.C.S.C., 1824 for a discussion. The court will consider factors such as: the extent of the delay, the reason for the delay, any explanation put forward to account for the delay, the degree of prejudice caused by the delay, and the extent of the connection, if any, between the claims and the proposed new cause of action.
+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.
-=== 2. New Limitation Act ===
+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 (See ''Small Claims Rules'', Rules 16(2)(a), 16(2)(a.1) and 16(3)).
-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:
+== 2. Civil Resolution Tribunal ==
-*a) That injury, loss or damage had occurred;
+The Limitation Act applies to the CRT; however, for claims brought under the CRT, the limitation period does not run after a party asks the tribunal to resolve a claim.  A party has 28 days following the tribunal’s decision, the date on the court order, or the date the tribunal certifies that the parties have completed the tribunal’s process to bring or continue a claim in court.
-*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 damage. (See ''Limitation Act'', s 8).
-Other limitations include:
+== 3. Other Legislation ==
-*Enforcement of civil judgements (s 7): 10 years from date of judgement;
+Certain Acts will overrule the ''Limitation Act''.  The'' Vancouver Charter'', SBC 1953, c 55; the Police Act, RSBC 1996, 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.
-*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.
+The L''ocal 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)).
-=== 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)).
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Limitation Periods (20:App F): Difference between revisions

Revision as of 05:19, 17 August 2020

1. Small Claims

2. Civil Resolution Tribunal

3. Other Legislation

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