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Difference between revisions of "Limitation Periods (20:App F)"
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Limitation Periods (20:App F) (view source)
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The Notice of Claim must be '''filed''' before the limitation period expires. If a notice of claim has not been '''served''' within 12 months after it was filed, it expires, but the claimant may apply to have it renewed (Rule 16(3)). | The Notice of Claim must be '''filed''' before the limitation period expires. If a notice of claim has not been '''served''' within 12 months after it was filed, it expires, but the claimant may apply to have it renewed (Rule 16(3)). | ||
It should be noted that for claims brought under Civil Resolution Tribunal, Limitation Dates are treated differently. The CRT is governed by the Limitation Act, SBC 2012, c 13 [Limitation Act], however unlike with other courts, the limitation period does not stop when an application for dispute resolution is filed with the CRT. The CRT must issue an initiating notice (Dispute Notice) to pause the limitation period. This should be done within 24 hours of the CRT receiving an Application for Dispute Resolution, but it may take longer. Unlike with other courts the limitation period resumes if a Notice of Objection is filed, so this should be kept in mind during the CRT process. A court or tribunal might decide to extend a limitation period, because the person with the claim couldn’t have found out about it before the countdown finished or if the person who caused the harm or loss does something to confirm the other person’s right to make a claim. This is a discretionary power of the court or tribunal however, and limitation periods are generally followed strictly. | It should be noted that for claims brought under Civil Resolution Tribunal, Limitation Dates are treated differently. The CRT is governed by the Limitation Act, SBC 2012, c 13 [''Limitation Act''], however unlike with other courts, the limitation period does not stop when an application for dispute resolution is filed with the CRT. The CRT must issue an initiating notice (Dispute Notice) to pause the limitation period. This should be done within 24 hours of the CRT receiving an Application for Dispute Resolution, but it may take longer. Unlike with other courts the limitation period resumes if a Notice of Objection is filed, so this should be kept in mind during the CRT process. A court or tribunal might decide to extend a limitation period, because the person with the claim couldn’t have found out about it before the countdown finished or if the person who caused the harm or loss does something to confirm the other person’s right to make a claim. This is a discretionary power of the court or tribunal however, and limitation periods are generally followed strictly. | ||
=== 1. Old Limitation Act === | === 1. Old Limitation Act === | ||
