A new Limitation Act1 in British Columbia
will come into force on June 1, 2013.
Under the expiring Limitation Act2, the
limitation period for a claim which alleges an error or omission of
a professional nature is normally six years. But
under the new Act when bringing an error or omission claim against
a professional, a claimant will now have two years
to start an action.
The new two year limitation period will begin to run from the
time the cause of action ought to reasonably have been
discovered. Discovery occurs when a claimant
knows, or ought to reasonably know, all of the
injury, loss or damage has occurred;
injury, loss or damage was caused by an act or omission;
the act or omission was by the person against whom the claim is
or may be made; and having regard to the nature of injury, loss or
damage, a court proceeding would be an appropriate means to seek a
There is a fifteen year ultimate limitation period to start a
claim under the new Act. Therefore, if the right to bring
a claim has not been discovered within 15 years, the claim is
extinguished. This 15 year period also includes seeking remedies
outside of the court system, such as arbitration. The expiring Act
provides for a 30 year ultimate limitation period.
The new two year limitation period also applies to a third party
claim for contribution or indemnity. The limitation period will
start to run on the later of:
when a person is served with a pleading (i.e. a Notice of Civil
when a person knew or ought to have known a claim should have
If a claim is discovered before June 1, 2013, the expiring Act
will apply. If a claim exists before June 1, 2013, but is not
discovered until after that date, the new Act will
1 Bill 34, 2012 Limitation Act, 4th Sess, 39th Parl,
British Columbia, 2012 (assented to 14 May 2012).
2Limitation Act, RSBC 1996,
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In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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