Ultimate limitation period

A buyer weighing a claim long after closing, or a seller asking how long exposure can last, meets this outer cap. It sits beside the basic period, which runs from discovery, and apart from the survival period in a purchase agreement.

Ontario, British Columbia and Alberta

• Ontario: even if the basic period has not expired, no proceeding may start after the 15th anniversary of the act or omission (Limitations Act, 2002, s. 15). The clock does not run in the cases listed in s. 15(4), such as an unrepresented minor or the defendant’s wilful concealment. Section 15(3) sets a different rule for some claims against good-faith purchasers of personal property, and s. 16 lists proceedings with no limitation period.
• British Columbia: subject to Parts 4 and 5, no court proceeding may start more than 15 years after the act or omission (Limitation Act, s. 21(1)).
• Alberta: a claimant who does not seek a remedial order within the discovery-based period or 10 years after the claim arose, whichever expires first, gives the defendant immunity if it pleads the Act, subject to the Act’s exceptions (s. 3(1)).

What to ask

This entry covers Ontario, British Columbia and Alberta only. Ask which province’s law governs, when the act or omission took place, and whether an exception applies. See the time limit to sue for misrepresentation after buying and limitation periods for deal claims.