Suspension Of Mandatory Limitation Periods & Other Mandatory Time Periods For Commencement Of Proceedings In British Columbia - Mondaq Colombia - Blogs - VLEX 842999568

Suspension Of Mandatory Limitation Periods & Other Mandatory Time Periods For Commencement Of Proceedings In British Columbia

Most claims that have to be pursued by way of a court proceeding are subject to a limitation period, i.e., a time period within which the court proceeding must be commenced. Failing to commence the proceeding within the limitation period results in the claim being barred.

The basic limitation period under the Limitation Act, R.S.B.C. 1996, c. 13, is two years from the date the claim was discovered. Other claim-specific limitation periods can be found in various statutes.

Individuals and businesses may have been considering commencing a court proceeding in relation to a claim based on events that happened in the recent past. For example, if Party A breached a contract for the supply of auto parts in July of 2018, Party B may have been considering pursuing a claim against Party A by commencing an action in the Supreme Court of British Columbia. Party B is aware that the limitation period will expire in July of 2020 (subject to precise calculations as to when the breach occurred and was discovered). However, in light of the COVID-19 pandemic, Party B would have justified concerns about being able to assemble the information needed to instruct their lawyer and commence an action.

The B.C. government has acted expeditiously to remove the uncertainty caused by this situation.

By way of a Ministerial Order dated March 26, 2020 (the "Order") and made pursuant to the Emergency Program Act, R.S.B.C. 1996, c. 111, the British Columbia Ministry of Public Safety and Solicitor General has suspended every "mandatory limitation period" as well as "any other mandatory time period" within which a civil or family action, proceeding, claim or appeal must be commenced.

NOTE: a new ministerial order has replaced the Ministerial Order of March 26. Details on the New Order can be found in our blog here.

The Order applies from March 26, 2020, and ends on the date which the declaration of a state of emergency in B.C. expires or is cancelled, or the date on which any extension of that declaration expires or is cancelled.

In the example above, the limitation period for Party B commencing its action has not yet expired; once the Order ends, Party B will still have the amount of time it had left on March 25, 2020, to start its court proceedings.

As noted above, the Order also suspends any other mandatory time period that is established in an enactment or law in B.C. within which a civil or family action, proceeding, claim or appeal must be commenced in a B.C. court.

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