New Limitation Act Questions and Answers

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1 General New Limitatin Act Questins and Answers Q: Why change the current Limitatin Act? The current Limitatin Act ( current Act ) has nt been cmprehensively reviewed since its intrductin in Refrm f the current Act respnds t the fllwing: Calls fr change frm a brad range f stakehlders including the building design and cnstructin sectrs (architects, engineers, builders, develpers, etc.), the Unin f British Clumbia Municipalities, lcal gvernments, and prfessinal grups like dentists and dental surgens. A number f studies and reviews have identified the need fr refrm, including thse by the frmer British Clumbia Law Refrm Cmmissin in 1990, the British Clumbia Law Institute in 2002 and the prvincial gvernment s Civil Liability Review in Alberta, Saskatchewan, Ontari and New Brunswick have all refrmed their limitatin statutes t reflect a mdel unifrm limitatins statute develped by the Unifrm Law Cnference f Canada. Finally, it made sense, based n the need t remain cmpetitive and the cst f ding business, t bring B.C. s act int line with legislatin in ther prvinces. Identifying which limitatin perid applies and when it starts t run is very difficult under the current law. Members f the public, business wners and even lawyers find this area f the law t be very cmplicated. Refrms will simplify and clarify the law, while striving t find the crrect balance between the cmpeting sets f rights f plaintiffs (thse starting civil actins) and defendants (thse defending them)1; that is, between a plaintiff s need t access the civil justice system and a defendant s need fr certainty and finality. Q: Was there cnsultatin n the changes t the Limitatin Act? Since 2007 the Ministry has been reviewing the current Act. The law refrm prject began with a Green Paper, which was used in public cnsultatins in We heard frm 290 grups and individuals during the public cnsultatins. Prpsals fr legislative refrms were utlined in a 2010 White Paper, which included a cnsultatin draft Limitatin Act. 68 peple and rganizatins made submissins t the White Paper. In additin, an advisry grup f legal experts prvided advice n the cnsultatin draft Limitatin Act. Feedback frm bth runds f cnsultatins and frm the advisry grup helped shape the new Limitatin Act ( new Act ). 1 The term plaintiff refers t the persn wh starts a civil lawsuit in a curt f law in rder t seek a legal remedy. The persn wh defends the civil lawsuit (i.e., the persn wh is being sued) is the defendant. The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

2 Q: When will the new Limitatin Act cme int effect? The new Act will cme int effect n June 1, It will repeal and replace the current Act. Until that time, the current Act cntinues t apply. Hwever, careful attentin shuld be paid t the transitin rules t determine if and when the new Act will apply t a specific fact situatin. (See the Questins and Answers under Transitin Rules belw fr mre infrmatin.) Q: What des the new Limitatin Act apply t? The new Act will gvern hw lng a persn has t bring a civil lawsuit if n ther statute cntains a specific time perid. Where anther mre specific law sets a limitatin perid, that specific limitatin perid applies rather than the defaults cntained in the new Act. (Fr example, the Civil Frfeiture Act sets a 10-year limitatin perid t apply t the curt fr a frfeiture rder.) Q: What are the key changes in the new Limitatin Act? Mving frm multiple basic limitatin perids based n the type f legal actin, t a single tw-year basic limitatin perid fr all civil claims. Exceptins t this are civil claims that enfrce a mnetary judgment, exempted claims and actins that have limitatin perids set by ther statutes. A single basic limitatin perid simplifies the law, eliminates uncertainty ver which limitatin perid applies and ensures that individuals pursue their legal claims within a reasnable time perid after discvering the right t bring an actin. The tw-year basic limitatin perid will start t run nce a plaintiff discvers his r her legal claim. Mving frm a general 30-year ultimate limitatin perid and six-year medical ultimate limitatin perid t a single 15-year ultimate limitatin perid that applies t all claims. Changing the cmmencement f the ultimate limitatin perid frm an accrual mdel t a mdel that starts the clck running based n an act r missin. The changes t the duratin and cmmencement f the ultimate limitatin perid prvide significantly mre certainty t determining when liability begins and ends. Transitin rules that explain hw the new Act applies t plaintiffs wh have pre-existing claims. Q. Why is the ultimate limitatin perid 15 years? (The White Paper put frward 10 r 15 years.) The Unifrm Law Cnference f Canada recmmended 15 years and ther prvinces including Saskatchewan, Ontari and New Brunswick have adpted a 15-year ultimate limitatin perid. The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

3 In listening t the feedback n the White Paper, the gvernment decided 15 years reflected a mre mderate apprach t balancing plaintiffs and defendants interests. Mst claims are reslved in a timely way befre 15 years it wuld be rare fr a legal dispute t g n fr 30 years. A 15-year ultimate limitatin perid reflects a balanced apprach t refrming limitatins law. In additin, refrms start time running in the ultimate limitatin perid frm the act r missin (under the current law time runs frm accrual f the cause f actin). Reducing the duratin f the ultimate limitatin perid and starting it running frm the act r missin will make the rules mre cnsistent with ther prvinces, reduce stale-dated claims, reduce csts t businesses and simplify and clarify the new Act. Q: What is the difference between the basic and ultimate limitatin perids? The current Act des nt define basic and ultimate limitatin perids. The new Act cntains tw types f time perids: basic limitatin perids and an ultimate limitatin perid. These time perids gvern hw lng a persn has befre he r she must start a civil lawsuit. The basic limitatin perid is the time perid that nrmally applies, absent special circumstances that wuld justify stpping the clck. The basic limitatin perid runs frm the date a persn discvers that he r she has a legal claim. A persn has tw years frm the day a claim is discvered t btain legal advice and start a civil lawsuit (and ten years t enfrce a judgment), unless therwise specified in the new Act. The ultimate limitatin perid describes the maximum utside time limit past which a basic limitatin perid cannt extend. The ultimate limitatin perid runs frm the date f the ccurrence f the act r missin giving rise t the claim. The new Act cntains a single 15-year ultimate limitatin perid. This means a persn has 15 years frm the act r missin date t discver his r her legal claim and, within the basic limitatin perid, start a civil lawsuit. Q: Has the discvery test in the new Act changed frm the discvery test in the current Act? The current Act cntains a discverability prvisin that pstpnes the running f time fr an enumerated list f causes f actin. As a result, it des nt apply t all claims. Beginning with Alberta in 1999, several prvinces and the Unifrm Law Cnference f Canada have attempted t cdify the discverability principles that are t be applied by the curts in determining when time starts t run in the basic limitatin perid. B.C. s new Act fllws a similar test fr discvery in sectin 8. The prvisin simplifies and mdernizes the current discvery prvisin, which has prven t be ne f the mst difficult sectins in the current Act, and the subject f much litigatin. The discvery test will apply t all claims t remedy an injury, lss r damage that ccurred as a result f an act r missin. The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

4 Q: Hw will the reductin in the basic limitatin perid frm six years t tw years affect creditrs wh are trying t recver unpaid debts? Claims fr unpaid debts r unfulfilled bligatins wing t a creditr will be gverned by the tw-year basic limitatin perid, which runs frm the date the claim is discvered. A tw-year basic limitatin perid is intended t encurage peple t act n their legal prblems quickly and prevent stale-dated claims. Having a tw-year basic limitatin perid that applies t all claims will simplify the law and reduce uncertainty abut which basic limitatin perid applies t a set f facts. The tw-year perid is designed t prvide sufficient time fr a plaintiff t discver a claim, seek legal advice, cnsider the available ptins and cmmence curt prceedings. This change brings B.C. s law in line with limitatins legislatin in Alberta, Saskatchewan, Ontari and New Brunswick, which all have a single tw-year basic limitatin perid. Q: Are there any new exemptins frm limitatin perids that I shuld be aware f? All f the actins that are exempted frm limitatin perids in sectin 3(4) f the current Act have been carried frward t the new Act. These include: claims fr pssessin f land, curt prceedings t enfrce a lcal judgment fr the pssessin f land, claims by a debtr r a secured party in pssessin f cllateral, claims by a landlrd t recver pssessin f land, curt prceedings t enfrce an injunctin, a restraining rder, an easement, restrictive cvenant r prfit à prendre, curt prceedings in which the nly relief sught is t btain a declaratin, claims fr title t prperty by a persn in pssessin, and claims relating t miscnduct f a sexual nature and relating t sexual assault. In additin, the list f exemptins has been bradened t include: an appeal, a judicial review applicatin, a curt prceeding under the Offence Act t prsecute an ffence, a claim that is subject t a limitatin perid established by an internatinal cnventin r treaty that is adpted by an Act, The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

5 a claim fr pssessin f land by a persn wh has a right t enter fr breach f a cnditin subsequent, r a right t pssessin arising under pssibility f reverter f a determinable estate, a claim relating t assault r battery if the claimant was a minr r living in a persnal r dependency relatinship, a claim fr arrears f child supprt r spusal supprt payable under a judgment r filed agreement, and fines and penalties under the Offence Act. The new Act specifically states that it des nt apply t a claim r curt prceeding fr which a limitatin perid has been established under anther enactment. The new Act des nt apply t curt prceedings based n existing abriginal and treaty rights recgnized and affirmed in the Cnstitutin Act, These prceedings will be treated as thugh the current Act remains in frce. This means that a basic limitatin perid f tw, six r 10 years and an ultimate limitatin perid f 30 years culd cntinue t apply t these claims. Minrs and Adults Under a Disability Q: Hw d the rules wrk t suspend limitatin perids fr minrs and adults under a disability? The new Act carries frward the rule that bth the basic and ultimate limitatin perids d nt run while a persn is a minr. A minr is a persn wh is under 19 years f age. The new Act carries frward the rule that the basic limitatin perid des nt run while a persn is under a disability. A persn under a disability is defined in the new Act as an adult persn wh is incapable f r substantially impeded in managing his r her affairs. Hwever, a significant change in the new Act is that bth the basic and ultimate limitatin perids are suspended while a persn is under a disability. Under the current Act, nly the basic limitatin perid is suspended during adult disability. Agreements Q: The new Limitatin Act is silent abut agreements t extend r shrten limitatin perids. Is this intentinal? The current Limitatin Act is silent n the issue f agreements t extend r shrten limitatin perids. The White Paper asked whether it wuld be preferable fr the new Act t remain silent n the issue f agreements, leaving it up t judges t ensure that agreements affecting the peratin f limitatin perids d nt unfairly target parties with weaker bargaining pwer. Stakehlder feedback n this issue was divided. After a review f stakehlder feedback and a further analysis f the current case law, it was determined that the new Act shuld The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

6 remain silent n the issue, leaving it up t judges t decide n a case-by-case basis whether an extensin r reductin f a limitatin perid by cntract shuld be allwed. Cntributin r Indemnity Q: What are the rules arund cntributin r indemnity claims? Under the current Act there is ptential fr lengthy delays between the running f time in the riginal lawsuit and the date a third party receives ntice f a claim against him r her fr cntributin r indemnity. The new Act sets ut that a tw-year basic limitatin perid and 15-year ultimate limitatin perid apply t cntributin r indemnity claims. The basic limitatin perid runs frm the later f: the day the claimant fr cntributin is served with the riginal pleading (i.e., frm which the claim fr cntributin r indemnity wuld arise), r the day the claimant knew r reasnably ught t have knwn that a claim fr cntributin culd be made. Adding a later f tw dates avids the ptential unfairness f having time run in the basic limitatin perid against a claimant wh may nt be aware f a ptential cntributin r indemnity claim against a third party at the service date (f the riginal lawsuit). The ultimate limitatin perid runs frm the day the claimant fr cntributin is served with the riginal pleading (i.e., frm which the claim fr cntributin r indemnity wuld arise). Gvernment Debt Q: Why is gvernment being treated differently fr cllectin f debt? There is a categry f entities in gvernment called tax payer supprted entities these are the rganizatins that will cntinue t perate under a six year limitatin perid fr cllectin f debt. This categry f rganizatins des nt include cmmercial crwn crpratins r rganizatins that perate self-sufficiently. Tax payer supprted entities deliver gvernment prgrams and services that are ften based n public plicy fr the benefit f citizens. In many situatins, gvernment has n discretin ver wh it prvides certain services t, and cntinues t prvide services t citizens in default f their bligatins t gvernment (e.g., ambulance fees, MSP premiums). Debts cllected represent taxpayers mney and designing limitatin perids s that debts can be cllected by gvernment is in the public interest. The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

7 Physical Assault Q: Why did the gvernment exempt claims based n physical assault where a minr r dependent adult is invlved? T be clear, this exemptin applies t civil claims fr damages that arise ut f the ccurrence f a physical assault (i.e., an assault r battery) against a minr, r against an adult in a persnal r dependent relatinship with his r her abuser. Bth the current Act and new Act d nt gvern criminal prceedings. When the current Act was amended in the mid 1990s t include an exemptin fr sexual assault but nt physical assault, n ther prvince included an exemptin fr physical abuse. Currently the limitatin acts in Saskatchewan, Ontari and Manitba have prvisins that exempt physical assault claims. Just as a victim f sexual assault in certain circumstances cannt be expected t recgnize the wrngness f what has happened t him r her and have the ability t bring a claim within a limitatin perid, vulnerable victims f physical abuse are equally at risk. Recent case law and academic literature has recgnized that physical abuse f a minr r an adult in a persnal r dependent relatinship with their abuser has lng-term psychlgical and physilgical effects n individuals. As a result f feedback n the White Paper and recent develpments in ther prvinces acrss Canada, an exemptin fr physical assault claims has been added, fr minrs and fr adults wh were living in a persnal r dependent relatinship with their abuser. This refrm prtects vulnerable peple frm the peratin f the refrmed shrter limitatin perids. It is nt anticipated that this exemptin will pen the fldgates fr claims. This has nt ccurred in ther prvinces that have included exemptins fr physical abuse. It wuld be unlikely that frivlus claims will be advanced due t the fact that it is difficult and expensive t pursue a civil damage claim. Demand Lans Q: Has the law changed fr determining hw time runs fr a claim invlving a demand lan? Yes. A demand lan is a lan in which there is n fixed cnditin fr repayment, which is payable upn demand. This type f lan ften arises in the cntext f friends r family lending ne anther mney and may be intended t run ver the lng term. The current Act is silent n hw limitatin perids apply t claims fr demand lans. As a result, the cmmn law applies t these types f claims. Under the cmmn law, the limitatin perid starts t run frm the date the demand lan is entered int. Reducing the basic limitatin perid frm six t tw years and nt addressing hw the limitatin perids gvern demand lans culd have the result f unfairly prejudicing The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

8 plaintiffs wh enter int demand lans with friends and family, and wh d nt make a demand until several years later. T remedy this unfairness, and t allw peple t structure demand lans ver the lng term, the new Act clarifies that bth the tw-year basic limitatin perid and 15-year ultimate limitatin perid apply t demand lans. Bth limitatin perids run frm the mment f default after the demand fr repayment is made. Acknwledgments Q: Has the new law changed with respect t an acknwledgment f liability? Under the current Act if a persn acknwledges liability by either making a part payment f a debt r prviding a written cnfirmatin f liability, time is reset in the basic limitatin perid, but nly up t the ultimate limitatin perid (i.e., the 30-year ultimate limitatin perid acts as a cap n acknwledgments). The new Act clarifies that time in bth the basic and ultimate limitatin perids will be restarted fr claims where liability has been acknwledged. While many f the principles frm the current Act (sectin 5) have been retained, the new Act clarifies what cnstitutes an acknwledgment fr specific claims. Fr example, an acknwledgment can be a part payment f a sum r interest wing n a claim, r a written dcument signed by hand r by electrnic signature f the claimant. Nn Judicial Remedies Q: What is the effect f the nn judicial remedies rule? A nn-judicial remedy is defined t be a remedy that a persn is entitled, by law r cntract, t exercise with respect t a claim withut curt prceedings. In a case where a curt prceeding cannt be cmmenced because f the expiratin f a limitatin perid under the Act, a nn-judicial remedy is als barred. Fr example, where a vendr sells a persn a car n credit, and the buyer fails t pay ff the balance, the vendr cannt g and take the car back, r repssess the car, nce the limitatin perid t sue the buyer has expired. The act f repssessing the car is a nnjudicial remedy. Persnal Injury Q. What des the new Act mean fr the average persn with a persnal injury claim? The basic limitatin perid has always been tw years fr persnal injury claims and that will nt change. The change t the ultimate limitatin perid means an individual nw has up t 15 years frm the date f the act r missin (i.e. accident) t discver that he r she has been injured and start a civil lawsuit. The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

9 Hwever, if a persn s injury gives rise t a claim against a dctr, hspital, r hspital emplyee fr malpractice r negligence, the tw-year basic limitatin perid will cntinue t apply, but a plaintiff will actually have lnger t discver his r her legal prblem and start a civil lawsuit, as the 15-years ultimate limitatin perid applies t all claims. Under the current Act, dctrs, hspitals and hspital emplyees have a special six-year ultimate limitatin perid that applies t them. Adverse Pssessin Q. Des the new Act change the rules regarding adverse pssessin? N. The new Act cntinues t ablish right r title t land by adverse pssessin (unless anther Act specifies therwise). Fr example: Persn A builds a huse n persn B s land in 1980 and lives there fr 30 years. The land is deep in the frest, and persn B des nt visit the land. Persn B has title t the land. Persn A cannt acquire title t the land because f the length f time that they lived n persn B s land. The new Act allws any right r title acquired by adverse pssessin befre July 1, 1975 t cntinue. This date is the date the current Act was first brught int frce. Prir t this date it was pssible in B.C. t pssess land with nly a pssessry title (called an abslute fee) and fr a persn t acquire this land based n adverse pssessin. Fr example: Persn A builds a huse n persn B s land in 1940 and lives there fr 30 years. The land is deep in the frest, and persn B des nt visit the land. Persn B nly has pssessry title t the land, meaning the land is an abslute fee. Persn A acquires title t the land by adverse pssessin in The new Act allws this t cntinue, as adverse pssessin was acquired befre July 1, Transitin Rules Q: Hw d the transitin rules apply? The transitin rules are set ut in sectin 30 f the new Act. Fr the purpses f explaining the transitin rules, the current Act will be described as the frmer Act. The transitin rules apply when the act r missin that a claim is based n ccurred befre June 1, 2013 and the discvery f the claim ccurred n r after June 1, If the limitatin perid applicable under the frmer Act expired befre June 1, 2013, a persn is unable t use the transitin rules t revive their claim.2 Where discvery f the claim ccurs befre June 1, 2013, the frmer Act applies. 2 Unless the claim is based n a sexual assault r an assault r battery f a minr r persn living in an intimate, persnal r dependency relatinship with their abuser (see s.3(1)(i),(j), r (k) [Exempted claims]). The transitin rules have the effect f reviving such claims if they were previusly extinguished (see s.30(5) f the new Act). The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

10 Where discvery f the claim ccurs n r after June 1, 2013, there are tw situatins: If the claim was previusly subject t the special six year medical ultimate limitatin perid (i.e., the claim was against a hspital, hspital emplyee r medical practitiner) the six year ultimate limitatin perid cntinues t apply, running frm the accrual f the cause f actin (i.e., the date f damage). The tw-year basic limitatin perid under the new Act will apply, running frm the date f discvery, unless the new Act specifies therwise. If the claim was previusly subject t the 30-year ultimate limitatin perid, the new 15-year ultimate limitatin perid applies as if the act r missin n which the claim is based ccurred n the later f: the effective date f the new Act (June 1, 2013), r the day the act r missin takes place under sectin 21(2) [the special act r missin dates fr cnversin, fraud r trust claims, cntributin r indemnity claims, minrity, adult disability, etc.]. The tw-year basic limitatin perid under the new Act will apply, running frm the date f discvery, unless the new Act specifies therwise. Fr further infrmatin see: Expsure t Liability Effect f Transitin Rules Beginning June 1, 2013 Transitin Rules Flwchart fr the new Limitatin Act Table f Cncrdance Q: D the transitin rules apply t exempted claims? The transitin rules say that fr claims discvered n r after June 1, 2013 that are listed in sectin 3 f the new Act [exempted claims], n limitatin perid applies. In particular, the transitin rules specify that they d nt restrict a persn s right t bring a curt prceeding fr a claim based n a sexual assault r assault r battery against a minr, r a persn in a persnal, intimate r dependent relatinship with their abuser, regardless f the fact that such a claim may have been gverned by a limitatin perid in the past. The transitin rules have the effect f reviving such claims if they were previusly extinguished (see s.30(5) f the new Act). Q: Hw d the transitin rules affect recrd keeping plicies that are based n limitatin perids? Organizatins and prfessins make their wn plicies regarding recrd retentin based n their claims experience and risk assessment. Many prfessins retain recrds based n the current 30-year ultimate limitatin perid. While sme prfessins retain their recrds fr 30 years frm the date a recrd is created, frm a liability perspective, liability expsure can span beynd that perid since the current Act runs its ultimate limitatin perid frm the date f accrual f the cause f actin (i.e., when all the elements f the legal claim have accrued). Fr example, in a The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

11 claim fr negligence, time starts t run in the ultimate limitatin perid frm the date f damage. In sme cases, damage may ccur many years after the act r missin date. The transitin rules in the new Act gvern claims where the act r missin has ccurred prir t the effective date f the new Act but discvery has ccurred n r after the effective date (June 1, 2013). Assuming that the date a recrd is created is the act r missin date, as a result f the transitin rules, fr recrds created befre the effective date, the maximum ptential expsure t liability will end n June 1, 2028 (due t the fact that the 15-year ultimate limitatin perid runs frm June 1, 2013 t June 1, 2028). Of curse, if a pstpnement rule in the new Act applies, such as minrity r adult disability, ptential liability may be extended. The clser the date a recrd is created cmes t the effective date f the new Act (i.e., June 1, 2013), the shrter the windw f ptential liability (as the ultimate limitatin perid expires n June 1, 2028). Again, if a pstpnement rule in the new Act applies, such as minrity r adult disability, ptential liability may be extended. NOTE: Fr all recrds created n June 1, 2013 and later, the transitin rules d nt apply (assuming the recrd is created n the act r missin date). The 15-year ultimate limitatin perid will apply, running frm the act r missin date. Fr further infrmatin see: Expsure t Liability Effect f Transitin Rules Beginning June 1, 2013 Q: What happens t plaintiffs wh have their basic limitatin perid shrtened under the new Act, but wh have relied n legal advice and made decisins based n the current Act? Plaintiffs wh discver a legal claim befre the new Act cmes int frce will be subject t the current Act. This means that the basic limitatin perid in the current Act applies. Fr example, if a plaintiff had a claim fr breach f cntract, the six-year limitatin perid wuld cntinue t apply. It wuld be impractical t require lawyers t review all f their files t identify and warn clients whse basic limitatin perid wuld decrease under the new Act. The rules under the current Act will cntinue t apply t plaintiffs wh have already discvered a legal claim, s that thse plaintiffs wh have received legal advice r made decisins based n the existing legislatin are nt prejudiced. The transitin rules apply in cases where a plaintiff has a legal claim which is based n an act r missin that ccurs under the current Act, and the legal claim is discvered n r after the date the new Act cmes int frce. In such cases the new tw-year basic limitatin perid will run frm the date f discvery. The latest pssible discvery date will be June 1, 2028 (due t the expiry f the new 15-year ultimate limitatin perid n June 1, 2028), as the claim will be statute-barred n this date. The transitin rules prvide a reasnable and balanced apprach fr bth plaintiffs and defendants as we transitin frm the current Act t the new Act. The new Limitatin Act will cme int frce n June 1, Until then, the current Limitatin Act cntinues t apply. This dcument was develped by the Civil Plicy and Legislatin Office, Ministry f Justice. It is psted as educatinal material t supprt the transitin t the new Limitatin Act. It is nt intended t cnstitute legal advice and shuld nt be relied upn fr thse purpses. Nvember 1,

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