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Difference between revisions of "Limitation Periods (20:App F)"
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Limitation Periods (20:App F) (view source)
Revision as of 21:57, 23 November 2022
, 21:57, 23 November 2022→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: | ||
(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 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 == | ||