A new limitations act for British Columbia came into force on June 1, 2013. The Limitation Act, SBC 2012, c 13, brings BC’s limitation laws in line with those of other provinces. The most significant change to the legislation is the creation of a single, two-year basic limitation period for all civil claims. Previously, claimants had six years from the date a cause of action arose to commence the action.
Unless a statute establishes a specific limitation period, the limitation period in the new Limitation Act will apply. This new Limitation Act will require claimants to commence a proceeding within two years of discovering the claim. The new Act will protect a claimant’s legitimate claim for relief while enhancing a defendant’s ability to fairly defend itself given the decreased likelihood that memories will have faded and evidence will have deteriorated, been lost, or destroyed.