Unintentionally Extending A Plaintiff's Limitation Period

Under B.C.'s former and current Limitation Act, the limitation period for a Plaintiff's claim can be extended on the basis of a Defendant having acknowledged in writing some liability for the cause of action.

In the insurance industry, a good understanding of these provisions is particularly important given the amount of time spent by adjusters seeking to investigate and/or settle a Plaintiff's claim prior to an action being filed.

In the recent decision of Trombley v. Pannu, 2016 BCCA 324, the British Columbia Court of Appeal held that an insurance adjuster had not admitted liability such that a Plaintiff's limitation period for a claim was extended when she invited Plaintiff's Counsel to engage in settlement discussions. The Plaintiff's failure to file his Notice of Civil Claim within the two year time period to do so, therefore resulted in his claim being dismissed.