Previously published in the Canadian Lawyer
magazine
It is a commonly held perception that Alberta is a
business-friendly province. With little red tape, skinny
regulations, modest taxes, a sizeable pool of entrepreneurs, a
can-do attitude, nearabsent unionization, political invariability,
abundant resources, solid infrastructure, a reasonable cost of
living, great skiing, private liquor stores, and a young,
well-educated workforce, it is difficult to argue against this
perception. However, the same cannot be said of Alberta's laws
relating to limitation periods.
Alberta is the only Canadian common- law jurisdiction that
expressly prohibits commercial parties from agreeing to reduced
limitation periods. Most provinces and territories, such as British
Columbia and Nova Scotia, are silent on extension or reduction;
Saskatchewan expressly permits it but is silent as to reduction;
and Ontario expressly permits parties to contractually extend or
shorten its statutory
