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ARTICLE · 15 NOVEMBER 2012

Summary Of B.C.’S New Limitation Act (In Force On June 1, 2013)

Borden Ladner Gervais LLP
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British Columbia’s Limitation Act, RSBC 1996, c. 266 (the "Current Act"), sets out the time period that an individual has to file a civil claim.

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British Columbia's Limitation Act, RSBC 1996, c. 266 (the "Current Act"), sets out the time period that an individual has to file a civil claim. Falling in line with reform that has already taken place throughout Canada, a new limitations statute, the Limitation Act, SBC 2012, c. 13 (the "New Act"), will come into force on June 1, 2013. Although it is not meant to be exhaustive, this bulletin outlines some of the more fundamental changes to the province's framework on limitation periods.

1. Basic limitation period of 2 years

Three basic limitation periods exist under the Current Act, namely, two years, six years, or ten years, depending on the type of action. The basic limitation period begins the date on which the person has the right to bring an action. Depending on the type of action, the start of the limitation period may be modified by postponement.

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