New B.C. Limitation Act Comes into Force on June 1, 2013

May 29, 2013

Just a final reminder that a new B.C. Limitation Act comes into force on June 1, 2013, replacing the old Limitations Act. The new Act applies to any actions that arise after June 1, 2013.

The new Act is a long awaited update, simplifying limitations periods and bringing B.C.’s legislation more in line with modern Limitation Acts found in Ontario, Alberta, Saskatchewan and Manitoba.  Key changes, as outlined by the Ministry of Justice, are as follows:

  • the New Act moves to a single, 2 year limitation period for all civil actions, away from a variety of differing limitation periods based on type of claim;
  • moving from a general ultimate 30 year limitation period to a single, ultimate 15 year limitation period;
  • with respect to the ultimate limitation period, the new Act moves away from an “accrual” method of commencement to a new model of commencement that starts with an “act or omission”; and
  • transition rules.

The Act itself can be found online here and CLE has put out a very helpful paper on transition issues.

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