The Limitations Act in Alberta: A Trap for the Unwary
The Limitations Act is one of the most dangerous pieces of legislation from a trial lawyer's perspective. Missed limitations are the bane of lawyers' existences and can lead to lawsuits against lawyers and lost opportunities for clients to obtain justice.
The Limitations Act sets out certain time frames in which you must sue. It is generally 2 years, but up to as much as 10 years, and sometimes more from when the act happened. Fraud and being underage can be exceptions. A limitation is never entirely clear, and the cause of action (the type of lawsuit basically) does not always jump out at you. You can read our previous article on this topic for more details: https://www.flodenward.com/post/civil-litigation-in-alberta-the-limitations-act
For clients, if you think you might have a reason to sue someone, it is advisable to consult with a lawyer as soon as possible in order to get your action going. It is much easier to figure out a limitation period earlier in the process.
If you believe you may have reason to bring a lawsuit and have questions about 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.