Lawsuits in Alberta: The Limitations Act
One of the major traps for the unwary in lawsuits is the Limitations Act. The law basically says if you don't sue within 2 years of the date you know, or ought to know about a claim, who caused it and that you should sue (or 10 years whichever time expires first), then if you are defendant on pleading the Act, you are entitled to immunity.
In English, what this means is you basically have 2 years to sue from the time of the incident or incidents complained of, but sometimes you can have 10 years.
There are a couple of issues with limitations. There is a concept called discoverability, which has to do with when you can actually know about certain types of claims. This is something that often gets litigated, although the principles were recently clarified in Alberta in the Purolator v. Weir Jones case.
Another issue which can sometimes be missed is that a defendant has to plead the Act. If a defendant does not actually plead the act, then they cannot rely on it.
If you believe you have reason to start a lawsuit, or you find yourself defending one but are not sure on the timing please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.