5,483
edits
Difference between revisions of "Limitation Periods (20:App F)"
From Clicklaw Wikibooks
→3. Other Legislation
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 43: | Line 43: | ||
The ''Local Government Act'', RSBC 1996, c 323, sets a limitation date for claims against a municipality in BC (s 285) of 6 months after the cause of action arose. Notice of damages must be delivered to the municipality within 2 months from the date on which the damage was sustained unless the damage resulted in death, the claimant has a reasonable excuse, or the municipality is not unfairly prejudiced by the lack of notice (s 286(1-3)). | The ''Local Government Act'', RSBC 1996, c 323, sets a limitation date for claims against a municipality in BC (s 285) of 6 months after the cause of action arose. Notice of damages must be delivered to the municipality within 2 months from the date on which the damage was sustained unless the damage resulted in death, the claimant has a reasonable excuse, or the municipality is not unfairly prejudiced by the lack of notice (s 286(1-3)). | ||
{| class="wikitable" | |||
! | |||
! Old Limitation Act: | |||
! New Limitation Act: | |||
|- | |||
| style="font-weight: bold;" | Application: | |||
| Applies if discovery occurred before June 1, 2013 | |||
| Applies if discovery occurred after June 1, 2013 | |||
|- | |||
| style="font-weight: bold;" | Basic Limitation Period: | |||
| 6 years after events occurred* | |||
| 2 years after discovery** | |||
|- | |||
| style="font-weight: bold;" | Damages to Personal Injury or Property: | |||
| 2 years after events occurred | |||
| 2 years after discovery | |||
|- | |||
| style="font-weight: bold;" | Debts owed to government: | |||
| 6 years after events occurred | |||
| 6 years, including ICBC claims for vehicle indebtedness, student loans and medical fees | |||
|- | |||
| style="font-weight: bold;" | Counterclaims: | |||
| Not barred by expiry of limitation period if counterclaim connected to the claim to which it responds and the limitation period for that claim has not expired. | |||
| Not barred by expiry of limitation period if counterclaim connected to the claim to which it responds and the limitation period for that claim has not expired. | |||
|- | |||
| style="font-weight: bold;" | Ultimate Limitation Period: | |||
| 30 years after all damages occurred 6 years for negligence/malpractice actions against medical practitioners & hospitals | |||
| 15 years after original events occurred | |||
|- | |||
| style="font-weight: bold;" | Enforcement of Judgements: | |||
| 10 years after judgement | |||
| 10 years after judgement | |||
|} | |||
<small>*See Limitation Act, RSBC 1996 c 266 for exceptions</small> | |||
<small>**See Limitation Act, SBC 2012 c 13 for exceptions</small> | |||
