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Limitation Changes in British Columbia

June 18, 2013

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A new Limitation Act came into force in B.C. on June 1st, 2013.  The Limitation Act, SBC 2012, c 13 (the "New Act") is intended to simplify the process for civil claims and bring B.C.'s limitation periods in line with the modern approach adopted in many other provinces, including Alberta.

The New Act contains several significant differences from the old Limitation Act, RSBC 1996, c 226 (the "Old Act"):

Some elements of the Old Act remain unchanged in the New Act:

The transition rules in the New Act specify that the Old Act will continue to apply to claims that have been discovered before June 1st, 2013, and the New Act will apply to claims discovered on or after June 1st, 2013. For breach of contract claims, this means that if the breach was discovered before June 1st, 2013, the claim will attract the Old Act's basic limitation period of 6 years.  However, if the breach is discovered on or after June 1st, 2013, the New Act will apply and the limitation period will be two years.

If you have any questions about how the new B.C. Limitation Act operates and its potential impact on you or your business, please contact Michael P. Theroux or Laura M. Gill.

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