In a recent decision concerning invoices issued under several petroleum facilities agreements, Harvest Operations Corp. v. Obsidian Energy Ltd.,[1] the Alberta Court of King’s Bench held that the limitations period starts running from the reasonable date by which the invoices ought to have been issued, not from a shorter contractual deadline for issuance.
The ...
A limitation period is a specific period of time within which a person with a legal claim must commence a court proceeding to assert that claim. In British Columbia, the Limitation Act, SBC 2012, c 13 (the “Limitation Act”) provides for a basic limitation period of two years from the date a claim is discovered. Failure to start a claim within the applicable limitation ...
On September 1, 2020, a new Arbitration Act, S.B.C. 2020, c. 2, (the "New Act") will come into force in B.C., which will repeal and replace the current Arbitration Act, R.S.B.C. 1996, c. 55 (the “Current Act”). The New Act will apply to arbitral proceedings commenced on or after the date it comes into force.
This is the first major overhaul since the Commercial ...
The British Columbia Court of Appeal (BCCA) recently released its first decision considering the application of BC's new limitations statute in the context of security enforcement generally and foreclosure practice specifically. The new limitations statute reduced the limitation period for contractual claims and security enforcement from six years to two years, and ...
The sky is falling! Well, not really but some might think so given that the provincial government has introduced a bill, currently in first reading, that will bring some significant changes to the law governing limitation periods. Limitation periods establish the time within which a lawsuit must be commenced, failing which it will be barred whatever its merits. In the ...
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