BC Limitations Act
It is essential that each specific type of court action be brought within the time limits set by the statute of limitations, or the perspective claimant is “out of time”and barred from doing so.
There are a number of substantial changes being made in the area of estate claims when the new Limitation Act in British Columbia is brought into effect on June 1, 2013.
Some of the most substantial claims from a quick review of the draft legislation, and thus not yet law until proclaimed, are as follows:
1. There is a general 2 year limitation period and 15 year ultimate limitation period for claims except for exempt claims under the Act or specified under other acts. No more distinguishing between 2, 6, and 10 year limitation dates, and the ultimate limitation period is 15 years instead of 30 years.
2.Trust claims which previously had a 10 year limitation period now have a 2 year limitation period, but the discoverability rule says it has to be actual knowledge of a claim in order for the limitation period to begin running. In all other claims, it’s actual or constructive knowledge (i.e. should have reasonably known).
3.Property claims for title or possession of property are exempt from a limitation period.
4. Claims for spousal support and child support arrears are exempt from a limitation period.
5.Sexual assault claims are exempt from a limitation period.
6. Negligence is not 6 years and is now 2 years for limitation period.
7. The new act applies to claims discovered AFTER June 2013. Otherwise, the old act still applies.
8. The Limitation time to commence a Wills Variaion action remains at of 6 months from the date of probate is NOT changed