Thursday, February 14, 2013

New British Columbia Limitations Act

The NEW Limitation Act, SBC 2012,c13 will come into effect June 1, 2013. It will establish a general limitation period of two years. All claims commenced before June 1, 2013 will be governed by the old act and that limitation period is six years. The exceptions will be governed by limitation periods set out in different statutes relating to the specific case at hand.

Lawyers will be held accountable for their actions and must advise a client of the limitation constraints as it applies to a particular case. One example is if a lawyer is told to act and that instruction is within the limitation period and the lawyer fails to act within the limitation period, the lawyer will be held liable for the balance of the claim.

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By: Marco Valinski