The Two-Year Period
In Alberta, the Limitations Act sets out the limitation period to start a lawsuit. The two-year clock for a civil lawsuit starts to run when a person knows or ought to have known, that the injury and/or damage has happened and was caused by someone else. The injury and/or damage must warrant bringing a legal proceeding. Alberta courts can only extend this period in very specific circumstances. The date that the limitation period expires is often called the “drop-dead date”.
Section 3 of the Limitations Act sets out three factors that must be met in order for the clock to start running:
1. The injury/damage has occurred
2. The injury/damage is attributable to the conduct of a defendant, and
3. The injury/damage warrants bringing a proceeding.
For example, if a person’s home was damaged by someone, the limitation period would start when that person (1) discovered or ought to have discovered the damage, (2) knew who caused it, and (3) knew that the damage was significant enough to warrant legal action against the person who caused it.
The Ten-Year Period
The Limitations Act also sets out a ten-year clock. This timeframe does not depend on the discoverability of the injury/damage. Instead, this clock starts when the defendant commits the negligent act or omission. If a person does not know about an injury/damage and ten years have passed since the defendant has committed the act, that person will remain barred from bringing legal action.
Are there any exceptions to the two-year/ten-year clock?
According to the Limitations Act, there are three main exceptions. There is no limitation period with respect to:
1. A claim that relates to a sexual assault or battery
2. A claim that relates to any misconduct of a sexual nature other than sexual assault or battery, if, at the time of the misconduct, the person was:
(a) A minor
(b) In an intimate relationship with the person who committed the misconduct
(c) Dependent (financially, emotionally, physically or otherwise) on the person who committed the misconduct, or
(d) Under disability
3. A claim that relates to an assault or battery that is non-sexual, if, at the time of the assault or battery, the person was:
(a) A minor
(b) In an intimate relationship with the person who committed the misconduct
(c) Dependent (financially, emotionally, physically or otherwise) on the person who committed the misconduct, or
(d) Under disability
Are there any exceptions for COVID-19?
Yes. The Minister of Justice and Solicitor General issued a Ministerial Order (27/2020), which suspended limitation periods from March 17, 2020 to June 1, 2020. This was considered a temporary pause on the limitation period clock. In short, if a legal action was pending or ongoing during the period between March 17, 2020 to June 1, 2020, those 75 days will be added on to the limitation date. The Ministerial Order does not apply to claims that expired before March 17, 2020 or those which occurred after June 1, 2020.
For example, if a person’s limitation period was set to expire on March 18, 2020, they would have to proceed with their action by June 1, 2020. If the person’s limitation period was set to expire on November 1, 2021, they will now have until January 15, 2022 to proceed with your action.
This article is not intended to be legal advice and is for information purposes only. There may be certain exceptions to the above article, so please contact our office to discuss your matter specifically at 780-963-8181.