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→E. Determine the Limitation Period for Making a Claim
With a new ''Limitation Act'', SBC 2012, c 13 now in force, it is vital that students determine whether the new or the old legislation applies to a particular legal matter. If the act or omission occurred after June 1, 2013, the new Act applies and the basic limitation period of two years set out in s 6(1) applies. Note, however, that if the claim was discovered before June 1, 2013, the former ''Limitation Act'' applies.
If the former Act applies and the client is suing for breach of contract, s. 3(5) of the ''Limitation Act'', RSBC 1996, c 266 states that the limitation period for breach of contract is '''six years'''. However, under s. 3(2)(a), where damages claimed arise from physical damage to persons or property, the limitation period is '''two years''', even where the claim is based on contract. Also, if the client is considering suing for negligence as well, the limitation period is '''two years'''. Therefore, to take advantage of all the possible remedies available, the prudent course is to start an action for breach of contract and file the notice of claim within two years of the date when the cause of action arose.