Limitation Periods in Alberta

In Alberta, limitation periods are the specific time limits you have to start legal action. Whether you’re dealing with personal injury, property damage, or a contract dispute, knowing these deadlines is crucial to protect your rights.

What is the Limitations Act?

The Limitations Act in Alberta is a crucial piece of legislation that sets out the rules for how long you have to file a lawsuit or legal claim. This act applies to most civil claims, ensuring that disputes are resolved within a reasonable time. The Act aims to prevent the indefinite postponement of legal action, which can lead to unfair situations for all parties involved.

Two-Year Limitation Period

The two-year limitation period is a legal time frame in Alberta that sets a deadline for starting legal proceedings in most civil cases. This period begins from the date you become aware (or should reasonably have become aware) of the issue that gives rise to your claim. It applies to a variety of cases.

An example of this is if you were in a car accident on January 1, 2024, but didn’t realize until several months later that you had sustained a serious back injury due to the crash. Under the two-year limitation period, you would typically have until January 1, 2026, to file a personal injury claim. However, if you only discovered the injury on June 1, 2024, the two-year period would start from that date, giving you until June 1, 2026, to take legal action.

This rule is designed to ensure fairness, allowing you time to recognize and address the harm you’ve suffered. It also encourages the dispute to be solved promptly. Missing this two-year window can result in losing your right to pursue the claim in court, so it’s crucial to act within this period to protect your rights.

Ten-Year Ultimate Limitation Period

The ten-year ultimate limitation period is a strict legal deadline in Alberta that dictates the maximum amount of time you have to commence legal action, regardless of when you discovered the issue. This period begins on the date the event or wrongful act occurred, and it applies to most civil claims. Once this ten-year period has passed, you are generally barred from filing a lawsuit, no matter how recently you became aware of the problem.

An example of this would be if a contractor completed work on your home on January 1, 2014. Years later, in 2022, you discover significant structural defects that were hidden until now. Even though you only discovered the problem in 2022, the ten-year ultimate limitation period means you must file your lawsuit by January 1, 2024, at the latest. If you wait until after that date and unless you have a special warranty from the contractor, you will likely lose the right to bring any legal action against the contractor, even though the defects were not apparent earlier.

This period is designed to provide a definitive end to legal liability, ensuring that claims are brought within a reasonable timeframe while evidence is still accessible and reliable.

Types of Claims and Their Limitation Periods in Alberta

In Alberta, each type of legal claim comes with its own specific deadline. These time limits are essential because they set a clear window for when you need to take legal action. If you don’t act within these periods, you could lose your right to pursue your claim, no matter how valid it might be. For instance, in cases of property damage, the limitation period usually starts from the date the damage occurred or was discovered. In cases of medical malpractice, the limitation period typically starts from the date the malpractice was discovered. These are just a few examples of the many types of claims and their respective limitation periods.

Personal Injury and Fatal Accidents

If you experience a slip-and-fall accident at a grocery store due to a wet floor, you might not immediately realize the full extent of your injury. It could take a few weeks for the pain to worsen and for you to fully understand the severity of the injury. In such cases, the limitation period for filing a claim starts from the date you became aware—or ought to have known—of the injury and its cause.

Under Alberta’s Fatal Accidents Act, if a person’s death is caused by a wrongful act, neglect, or default, the responsible party can still be held liable. The right to pursue damages remains, even if the injured person has died, ensuring that the liable party is accountable.

You have two years from the point of discovery to initiate legal action according to Alberta’s statute of limitations for personal injury claims. This two-year period gives you enough time to address the injury and seek compensation, but it’s crucial to act within this timeframe to protect your legal rights.

Motor Vehicle Accidents

If you’re the victim of a motor vehicle accident, you might not realize the full extent of your injuries until some time has passed. For instance, you could be involved in a minor collision and initially feel fine, but weeks later, you start experiencing severe neck pain. In Alberta, you have two years to file a claim after a motor vehicle accident. This two-year period starts either from the date of the accident or from when you became aware—or ought to have known—of your injury. ‘Ought to have known’ means that a reasonable person in your situation would have discovered the injury. So, if your neck pain begins weeks after the accident and you only then understand it’s related to the crash, the two-year limitation period would start from the time you recognized the injury.

Medical Malpractice

If you’re a victim of medical malpractice, such as discovering a surgical error like a tool left inside your body, you have two years to file a claim. This limitation period begins when you knew—or ought to have known—that the injury occurred and was caused by the healthcare provider’s actions. Acting within this timeframe is crucial to protecting your rights and seeking the compensation you’re entitled to.

Property Damage

Has your property been damaged, whether through vandalism or an accident? If you find yourself in this situation, you generally have two years from the date the damage occurred—or from when you discovered it—to file a legal claim. This two-year statute of limitations means that you could lose your right to seek compensation for the damage if you don’t act within this period.

Contract Disputes

If you’ve ever hired a contractor to complete renovations on your home, only to find they didn’t deliver as promised, you might wonder what your options are. In Alberta, if you find yourself in a situation like this and unless you have a separate warranty from the contractor, you generally have two years from the date the breach of contract occurred to take legal action. This two-year limitation period starts when you first become aware of the breach, such as when the contractor fails to meet the agreed-upon deadline. It’s important to act within this period to protect your legal rights.

Claims Involving Sexual Assault or Battery

If you’ve been through sexual assault or battery, it’s important to know that the rules for filing a legal claim in Alberta are different from other cases. Unlike most claims with a strict two-year deadline, there is no time limit for filing a claim related to sexual assault or battery. For example, if you were assaulted as a child and only felt ready to come forward years later, you can still file a claim. Alberta understands how personal these cases are, so survivors can seek justice whenever they feel ready, no matter how much time has passed.

Debt Claims

If someone owes you money, whether it’s from an unpaid loan, overdue invoices, or another type of debt, you generally have two years to take legal action to recover what you’re owed in Alberta. This two-year period begins either from the date the debt was due or from when you realized that the payment wasn’t going to happen as agreed.

For example, if you lent money to a friend with the understanding they would repay you by January 1, 2022, and they fail to repay by that date, you would have until January 1, 2024, to file a claim to recover the money. If you don’t take action within this timeframe, you could lose your chance to recover the debt through the courts.

Factors Affecting Limitation Periods in Alberta

In Alberta, several factors can affect when the limitation period starts for filing a legal claim. A key factor is the “discoverability” principle, which means the limitation period begins not when the incident occurs but when you first become aware—or should have known—of the injury, damage, or breach. The Alberta Limitations Act governs these rules, stating that the relevant limitation period can be extended or paused in certain situations. For example, if the claimant is a minor, has a disability, or if the wrongdoing was fraudulently concealed, the time limit might be adjusted. Additionally, cases involving sexual assault or battery may be exempt from the usual limitation periods, allowing claims to be filed even years after the incident.

Understanding these factors is crucial because missing the limitation period can prevent you from pursuing your civil claim. Keeping track of these timelines and seeking legal advice promptly is essential to ensure you don’t miss your chance to take action. Working with experienced lawyers, like those at DLegal, is essential in handling cases involving limitation periods. Contact our team to ensure you receive justice and compensation promptly.