What is the limitation period for an action under s. 6(4)?

British Columbia, Canada


The following excerpt is from Bendall v. Goulart, 2017 BCSC 599 (CanLII):

In Vance v. Peglar, Lambert J.A. usefully broke the text of s. 6(4) down into three components; there is a fourth component which was not relevant in Vance v. Peglar. The four components can be paraphrased within the context of the present circumstances as follows: 1. The identity of the defendant is known to the plaintiff. 2. The plaintiff has certain facts (including the facts set out in s. 6(5)(b)) within her means of knowledge. 3. A reasonable person, knowing those facts and having taken the appropriate advice a reasonable person would seek on those facts, would regard the facts as showing that an action would have a reasonable prospect of success. 4. A reasonable person, knowing those facts and having taken the appropriate advice a reasonable person would seek on those facts, would regard the facts as showing that the plaintiff ought, in her own interests and taking her circumstances into account, to be able to bring an action. All four of these components must be satisfied before the running of time with respect to the limitation period begins running. Thus, if a plaintiff is able to demonstrate that any one of the four components had not been satisfied before two years prior to the commencement of the action (in the case of a two year limitation period), the action will not be statute barred. In this case, the action was commenced on May 13, 1998, with the result that May 13, 1996 is the relevant date by which the four components must have been satisfied for the limitation period to have expired prior to the commencement of the action.

Other Questions


Is there any case law where a plaintiff commenced an action a year before the limitation period expired? (British Columbia, Canada)
What is the limitation period for adding a new party to a personal injury action? (British Columbia, Canada)
What is the ultimate limitation period under the former Limitation Act? (British Columbia, Canada)
What is the limitation period applicable to a class action? (British Columbia, Canada)
What is the legal test for granting an amendment to a limitation period for a new cause of action? (British Columbia, Canada)
Does the limitation period apply to an employment standards action? (British Columbia, Canada)
What is the limitation period for dismissing an action for want of prosecution? (British Columbia, Canada)
What is the limitation period for an action brought by a plaintiff against a defendant who was placed on sick leave on October 25, 1992? (British Columbia, Canada)
What is the limitation period for an action under s. 6(4) of the BC Statutory Code? (British Columbia, Canada)
Is there a limitation period for an action for the title to property? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.