This video is a discussion of the basic and ultimate limitation periods in the new British
Columbia Limitation Act. In it we will give a brief overview and provide two examples
of how these limitation periods are applied.
The new Act came into force on June 1st, 2013. It sets out the time periods that people have
to sue one another in the civil justice system. The Act applies broadly and governs all civil
claims unless another act has its own specific limitation period.
The Act contains two types of time periods. There is a single, two-year time period -- called
the basic limitation period, which is the time period that normally applies for most
civil claims, such as those that involve personal injury. There is also a 15-year time period --
called the ultimate limitation period -- which is the maximum outside time period
past which a basic limitation period cannot extend. It is used to limit how long a person
has to discover a civil claim. It also provides an end date for legal liability.
The two-year basic limitation period applies to all civil claims unless the Act specifies
that a different limitation period or no limitation period applies.
For the basic limitation period, time begins to run from the date the person discovers
their claim or legal problem.
In order to discover a claim, a person must know -- or ought to have known -- that their
injury, loss or damage happened, that it was caused by another person, and that it was
a significant enough legal problem to seek a remedy in court. You can find the wording
of the discovery test in section 8 of the Act.
In some situations, a person may not discover their claim right away. If this happens, time
does not start to run in the basic limitation period. A person has until the expiry of the
ultimate limitation period -- which is 15 years -- to discover their claim and start
a civil court proceeding.
Once a person discovers their claim, time in the basic limitation period starts to run.
For the ultimate limitation period, time begins to run from the date of the act or omission
on which the legal claim is based.
Let's look at a couple of examples:
Example number one:
Mary has a garage built by a contractor on January 1st, 2014. However, one year later,
on January 1st, 2015, the garage floor begins to crack and a wall starts sinking into the
ground. Assuming that Mary knows of, or discovers, the damage to her garage on January 1st, 2015,
the date that the garage wall begins to sink, when do the limitation periods begin?
The act or omission occurred on January 1st, 2014, when the garage was built. This is when
the ultimate limitation period begins. The ultimate limitation period will expire 15
years later, on January 1st, 2029.
The basic limitation period begins upon discovery. In this example, discovery occurred on
January 1st, 2015 -- the date that Mary noticed the garage wall beginning to sink. The two-year
basic limitation period begins on January 1st, 2015, and expires on January 1st, 2017.
This means that Mary has until January 1st, 2017 to begin her legal claim against the
contractor. After that date, she will be barred by statute -- in other words, she will not
be able to take legal action because too much time has passed.
Example number two:
Once again... Mary's garage is built on January 1st, 2014. As in the previous example,
the garage floor begins to crack and the wall starts sinking one year later, on
January 1st, 2015. Let's assume in this example that the damage is hidden behind some boxes
inside and a large tree outside of the garage. As a result, Mary does not discover the damage
until January 1st, 2028, when she is suddenly unable to open her garage door, as the result
of the gradual sinking of her garage wall.
When does time begin to run in the limitation periods?
The act or omission occurred on January 1st, 2014, when the garage was built. This is the
date from which the ultimate limitation period begins. It will expire 15 years later, on
January 1st, 2029. Let's assume that the damage occurs on January 1st, 2015, when the
garage floor starts to crack and the sinking begins. However, because Mary does not discover
the damage until January 1st, 2028, the basic limitation period does not begin until this
time. Remember, the basic limitation period begins upon discovery.
The basic limitation period will only run for one year in this example, since the ultimate
limitation period expires on January 1st, 2029. This means that Mary has until January
1st, 2029 to start her legal claim to sue the contractor.