Difference between revisions of "Do You Have a Small Claim? (20:III)"

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Do You Have a Small Claim? (20:III) (view source)

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===1. Changes Due to COVID-19===
===1. Changes Due to COVID-19===
'''NOTE:''' Due to COVID-19, limitation dates were temporarily suspended. However, as of March 25, 2021, the suspension has been lifted, and limitations dates function as per usual. To ensure you are up to date, consult the [https://www.provincialcourt.bc.ca/COVID19 website].  
'''NOTE:''' Due to COVID-19, limitation dates were temporarily suspended. However, as of March 25, 2021, the suspension has been lifted, and limitations dates function as per usual.  


To calculate limitations dates that were affected by COVID-19, please refer below guidelines for calculating BC limitation periods from the Law Society of BC website.
To calculate limitations dates that were affected by COVID-19, please refer below guidelines for calculating BC limitation periods from the Law Society of BC website.
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*  If the cause of action arose after the suspension of limitation periods but before March 25, 2021, then the limitation period expires March 26, 2023. In this way, a limitation period that began to run during the suspension starts to run when the suspension is lifted.  
*  If the cause of action arose after the suspension of limitation periods but before March 25, 2021, then the limitation period expires March 26, 2023. In this way, a limitation period that began to run during the suspension starts to run when the suspension is lifted.  


The CRT remained open and operating normally during the COVID-19 pandemic. The automatic suspension of limitation dates did not apply to the CRT. The CRT may waive, suspend or extend mandatory time periods set out in a statute, which includes both limitation dates and the 28-day deadline to file a notice of objection to a CRT decision; however, the CRT can only exercise this discretionary power during the declaration of the state of emergency. The CRT also has the discretion to extend any timeline set out in the CRT’s Rules. Requests to the CRT relating to any time periods should be filed '''as soon as possible'''. Note: Since the CRT process is easily accessible online, it may be difficult for a person to prove they need an extension. For the latest information, consult https://civilresolutionbc.ca/.
The CRT remained open and operating normally during the COVID-19 pandemic. The automatic suspension of limitation dates did not apply to the CRT.  


===2. Limitation Act===
===2. Limitation Act===
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* That, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or damage (''Limitation Act'', s 8).  
* That, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or damage (''Limitation Act'', s 8).  


Special rules for discovery apply in various circumstances. For example, when a person signs a document acknowledging liability for a claim, discovery is deemed to occur on the date the acknowledgment is made unless the limitation period has already expired (''Limitation Act'', s 24(1). Generally, there is an ultimate limitation period of 15 years from the date the basis of the claim occurred, regardless of when discovery happens (''Limitation Act'', s 21(1). If it has been close to 2 years since the events giving rise to your claim occurred, act quickly and refer to '''Appendix F: Limitation Periods''' or consult a lawyer.
For more information refer to '''Appendix F: Limitation Periods''' or consult a lawyer.


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