B.C.’s justice minister and attorney general Shirley Bond introduced new legislation Monday changing time limits for filing civil lawsuits, with the aim of streamlining the system, making the law easier to understand and aligning it with other provinces.
Bill 34, the proposed new Limitation Act, covers breach of contract, wrongful dismissal, personal injury, defamation and other civil actions.
It sets a single, two-year limitation period for most civil claims and reduces the maximum time limit for filing a claim to 15 years from the date the act in question occurred.
The proposed reforms are intended to balance the rights of both plaintiffs and defendants while retaining important aspects of the current law, according to the attorney general.
“Civil actions deal with everything from commercial disputes to personal injury claims,” said Bond. “We have taken considerable time and care with these changes because it was important to strike a balance that gives both plaintiffs sufficient time to file a legal claim and defendants certainty about when their liability ends. This new act will make the limitation rules clearer and easier to apply.”
According to Victoria, the changes result from significant consultation with the public, consumer groups and business, legal and local government representatives and will make B.C.’s law consistent with reforms in Alberta, Saskatchewan, Ontario and New Brunswick.
If passed, the legislation will repeal the existing act. Because the reforms will not be retroactive, a transition clause will ensure people currently involved in legal disputes can rely on current laws and legal advice that pre-dates the new law.
