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ARTICLE · 03 JULY 2013

New B.C. Limitation Act In Force In British Columbia

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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On June 1, 2013, the new Limitation Act came into force.

CanadaLitigation, Mediation & Arbitration

On June 1, 2013, the new Limitation Act (New Act) came into force. The New Act changes the time limits for filing civil lawsuits. It replaces the previous two-, six- and 10-year limitation periods with a basic limitation period beginning two years from "discovery" and replaces the previous 30-year ultimate limitation period with a 15-year period commencing from the date of the act or omission that forms the basis of the claim (with some exceptions). In many cases, limitations may expire much earlier under the New Act than they would have under the former Limitation Act (Old Act).

The changes follow those made in other provinces with modernized limitation statutes, such as Ontario, Alberta, Saskatchewan and New Brunswick. The rationales behind the reform were that the limitation periods under the Old Act have caused confusion, there was a desire to promote certainty across provinces, and there was a need to modernize the Old Act in response to calls from a

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