INNOVATION November-December 2012

l ega l br i ef

New Limitation Act to Come Into Effect June 1, 2013 The new BC law that sets the amount of time people have to file civil lawsuits

The modernized Limitation Act was passed by the BC legislature this spring and is the result of significant consultation with the public, consumer groups and business, legal and local government representatives. In response to a government green paper in 2007, APEGBC along with the Architectural Institute of British Columbia, the Association of Consulting Engineering Companies British Columbia and the Institute of Chartered Accountants of British Columbia strongly supported the efforts of the government in lowering the ultimate limitation period, and recommended a reduction from the current 30 years to 10 years. APEGBC reaffirmed this support in its response to a government white paper in 2010. The Ministry of Justice is currently working with the Law Society of BC and the Continuing Legal Education Society of BC to develop educational materials that will provide support during the transition to the new law. More information about the new Limitation Act is available on the Ministry of Justice website: www.ag.gov.bc.ca/legislation/ limitation-act/2012.htm. v

will come into force June 1, 2013. The Limitation Act will set out new limitation periods including a two-year limitation for most civil claims, such as those involving personal injury, as well as a 15-year ultimate limitation period to file civil lawsuits for legal matters that may not be discovered right away. Currently, the ultimate limitation period for civil actions is 30 years. The limitation periods are expected to have an impact on record-keeping practices, professional training requirements and the cost and availability of insurance. They are

significant for professionals whose work is often exposed to long-term liability risk, such as members and licensees of APEGBC, architects, dentists and accountants. These changes will bring BC’s laws into alignment with limitation periods in other Canadian provinces.

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