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

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{{REVIEWED LSLAP | date= August 6, 2021}}
{{LSLAP Manual TOC|expanded = smallclaims}}
{{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, 2013329.   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:''' 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.


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 expired330.  
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.


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 renewed331.  
* 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.


=== 1. Old Limitation Act ===
* 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.  


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:
* 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.
*Default limitation period: 6 years (s 3(5));
*Breach of contract: 6 years (insurance: one year); generally notice period required (note: see bullet point immediately below);
*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));
*Debt: six years (from the date of the last acknowledgment of the debt, with some exceptions); 
*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  ordeceit. 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 exist332.  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.
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.


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


=== 2. New 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 (s 30(3-4)).


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:  
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;
*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:
#that injury, loss or damage had occurred;
*Enforcement of civil judgements (s 7): 10 years from date of judgement;  
#that the injury, loss or damage was caused by or contributed to by an act or omission;
*Debts owed to government (s 38): 6 years;  
#that the act or omission was that of the person against whom the claim is or may be made;
*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''.  
#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).


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.
Other limitations include:


=== 3. Other Legislation ===
* 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''.


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.  
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)).
 
== 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)).


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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<small>*See Limitation Act, RSBC 1996 c 266 for exceptions</small>
<small>*See Limitation Act, RSBC 1996 c 266 for exceptions</small>
<small>**See Limitation Act, SBC 2012 c 13 for exceptions</small>
<small>**See Limitation Act, SBC 2012 c 13 for exceptions</small>
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Revision as of 23:58, 6 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 6, 2021.



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.

  • 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

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:

  1. that injury, loss or damage had occurred;
  2. that the injury, loss or damage was caused by or contributed to by an act or omission;
  3. that the act or omission was that of the person against whom the claim is or may be made;
  4. 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 (SCR, 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


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