Case Law Review

Limitation Periods

When does the Cause of Action Arise?
The statutory limitation period under the Limitations Act for negligence claims is 30 years after the right to bring an action arose. In Armstrong v West Vancouver (2002) 26 MPLR 129, a house was built in 1963 on organic matter. The house settled and the foundation cracked. Plaintiffs purchased in 1987 and had the damage inspected by an engineer in 1999 and then sued the municipality. The court held that the damage occurred and the action arose in 1963 and the action had to be brought within 30 years. The cracking of the basement walls was only a manifestation of the damage that occurred in 1963. The transfer of the title in 1987 did not create a new cause of action.

Extension of Time for Bringing Action
Gringmuth v North Vancouver (2002) 26 MPLR 54 illustrates that delays on the part of the municipality in settling a claim will not bar a claimant from bringing an action, despite the limitation period of 6 months under the Local Government Act for commencing an action.