New legislation establishing time limits for civil lawsuits in British Columbia came into effect on June 1.
The province’s new Limitation Act establishes a basic two-year ‘basic limitation period’ for most civil claims; which is in line with most other provinces.
Generally, the clock on these limits starts to run as soon as plaintiffs discover they have a legal claim, the B.C. Ministry of Justice notes.
The act also creates an ‘ultimate limitation period’ of 15 years for legal claims which may not be discovered right away, such as undetected medical complications resulting from surgery. Under the new law, plaintiffs have 15 years from the date that the ‘act or omission’ occurred to discover their claim and start a civil lawsuit.
The province’s previous regime allowed for a variety of different basic limitation periods and had an ultimate limitation period that could extend up to 30 years, often leading to confusion among the public, legal profession, and other professions about time limits, and resulting in complex trials, the government adds.