 This video is a discussion of the basic and ultimate limitation periods in the new British Columbia Limitation Act. In it, we will give a brief overview and provide two examples of how these limitation periods are applied. The new Act came into force on June 1, 2013. It sets out the time periods that people have to sue one another in a civil justice system. The Act applies broadly and governs all civil claims unless another Act has its own specific limitation period. The Act contains two types of time periods. There is a single two-year time period called the basic limitation period, which is the time period that normally applies for most civil claims, such as those that involve personal injury. There is also a 15-year time period called the ultimate limitation period, which is the maximum outside time period, past which a basic limitation period cannot extend. It is used to limit how long a person has to discover a civil claim. It also provides an end date for legal liability. The two-year basic limitation period applies to all civil claims, unless the Act specifies that a different limitation period or no limitation period applies. For the basic limitation period, time begins to run from the date the person discovers their claim or legal problem. In order to discover a claim, a person must know, or ought to have known, that their injury, loss, or damage happened, that it was caused by another person, and that it was a significant enough legal problem to seek a remedy in court. You can find the wording of the Discovery Test in Section 8 of the Act. In some situations, a person may not discover their claim right away. If this happens, time does not start to run in the basic limitation period. A person has until the expiry of the ultimate limitation period, which is 15 years, to discover their claim and start a civil court proceeding. Once a person discovers their claim, time in the basic limitation period starts to run. For the ultimate limitation period, time begins to run from the date of the Act or a mission on which the legal claim is based. Let's look at a couple of examples. Example number one. Mary has a garage built by a contractor on January 1, 2014. However, one year later, in January 1, 2015, the garage floor begins to crack and a wall starts sinking into the ground. Assuming that Mary knows of or discovers the damage to her garage on January 1, 2015, the date that the garage wall begins to sink, when do the limitation periods begin? The Act or a mission occurred on January 1, 2014, when the garage was built. This is when the ultimate limitation period begins. The ultimate limitation period will expire 15 years later on January 1, 2029. The basic limitation period begins upon discovery. In this example, discovery occurred on January 1, 2015. The date that Mary noticed the garage wall beginning to sink. The two-year basic limitation period begins on January 1, 2015 and expires on January 1, 2017. This means that Mary has until January 1, 2017 to begin her legal claim against the contractor. After that date, she will be barred by statute. In other words, she will not be able to take legal action because too much time has passed. Example number two. Once again, Mary's garage is built on January 1, 2014. As in the previous example, the garage floor begins to crack and the wall starts sinking one year later on January 1, 2015. Let's assume in this example that the damage is hidden behind some boxes inside and a large tree outside of the garage. As a result, Mary does not discover the damage until January 1, 2028 when she is suddenly unable to open her garage door as the result of the gradual sinking of her garage wall. When does time begin to run in the limitation periods? The act or omission occurred on January 1, 2014 when the garage was built. This is the date from which the ultimate limitation period begins. It will expire 15 years later on January 1, 2029. Let's assume that the damage occurs on January 1, 2015 when the garage floor starts to crack and the sinking begins. However, because Mary does not discover the damage until January 1, 2028 the basic limitation period does not begin until this time. Remember, the basic limitation period begins upon discovery. The basic limitation period will only run for one year in this example since the ultimate limitation period expires on January 1, 2029. This means that Mary has until January 1, 2029 to start her legal claim to sue the contractor. This video is posted as educational material to support the transition to the new limitation act. It is not legal advice and should not be relied upon for those purposes.