New Limitation Act

The British Columbia government has given royal assent to Bill 34, bringing about changes to the Limitation Act. Of particular note to the architectural profession is a revised ultimate limitation period of 15 years, reduced from the previous 30. Under the new legislation, the ultimate limitation period for claims expires 15 years from the date on which the act or omission upon which the claim is based took place. This both simplifies the calculation of the period for potential liability and greatly reduces its duration. The 2012 Limitation Act still includes the possibility for extending the ultimate limitation period in special circumstances including instances of wilful concealment, fraud, and the acknowledgment of liability. The revised statute reflects most of the concerns and suggestions brought forth in the AIBC Response to the White Paper on Limitation Act Reform, submitted in 2010. It is anticipated the new legislation will be implemented within the year, allowing sufficient time to inform the legal profession and key stakeholders about the broad scope of the changes. Information about the new Limitation Act is available through the Ministry of Justice’s website at http://www.ag.gov.bc.ca/legislation/limitation-act/2012.htm.

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