Short answer: for many civil claims in Alberta, the general limitation period is two years from the date you knew — or reasonably ought to have known — that you had a claim.
Alberta also generally has a 10-year ultimate limitation period.
But neither rule is as simple as counting forward from the day something happened. Depending on the type of claim and the circumstances, the deadline can start later, be affected by special rules, or be much shorter than two years.
When Does the Two-Year Clock Start?
Under Alberta’s Limitations Act, the general two-year limitation period is based on when you knew, or in the circumstances reasonably ought to have known:
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that you suffered an injury, loss or damage;
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that the injury, loss or damage was attributable to the conduct of the person you want to sue; and
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that the injury, assuming liability, warranted bringing a legal proceeding.
This is commonly called the discoverability rule.
Sometimes the date is obvious. Other times it is not.
For example, a construction defect might exist for years before it becomes apparent. The important date may not be when the defective work was originally done. It may be when you discovered — or reasonably should have discovered — the problem and the facts necessary to bring a claim.
That distinction matters.
“When did it happen?” and “When did my limitation period start?” are not always the same question.
The 10-Year Ultimate Limitation Period
Alberta also generally imposes an ultimate limitation period of 10 years after the claim arose.
In many cases, the applicable deadline will therefore be the earlier of:
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two years after the claim was discovered or reasonably ought to have been discovered; or
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10 years after the claim arose.
The 10-year ultimate limitation period is important because it can bar a claim even if the claimant did not discover the problem until later. Discoverability usually affects the two-year limitation period, not the 10-year ultimate limitation period.
There are exceptions and special statutory rules, so the 10-year rule should not be treated as absolute without considering the particular type of claim.
Some Claims Require Action Much Sooner
One of the biggest mistakes someone can make is assuming that every Alberta claim comes with two years to act.
Some legislation imposes separate notice requirements or deadlines that can be much shorter.
Claims involving municipalities are a good example. Depending on the nature of the claim, written notice may have to be provided to the municipality within a matter of weeks. These notice requirements are separate from the general limitation period and can create serious problems if missed.
Other government-related or specialized statutory claims can have their own requirements as well.
The practical rule is simple:
If your potential claim involves a municipality, government body or specialized statutory scheme, do not assume you can safely wait two years.
Minors and Adults Under Disability
Alberta’s Limitations Act contains special protections for minors.
Subject to the legislation, limitation periods are generally suspended while a claimant is a minor. However, there are procedures that can cause a limitation period to begin running against a minor earlier than it otherwise would.
Special rules also apply to certain adults who meet the legislation’s definition of a person under disability.
These rules are fact-specific. A medical condition, physical impairment or difficult personal circumstance does not automatically mean a limitation period is suspended. The issue is whether the person falls within the statutory rules.
Fraudulent Concealment
Fraudulent concealment can also affect limitation periods.
If a defendant conceals important facts, that may be relevant to when the claimant knew — or reasonably ought to have known — that a claim existed. In other words, concealment can affect the discoverability analysis and the start of the two-year limitation period.
However, fraudulent concealment should not be assumed to automatically defeat the 10-year ultimate limitation period. The ultimate limitation period is a separate rule, and whether an exception applies depends on the legislation and the facts.
The key point is this: concealment can matter, but it must be analyzed carefully.
Payments and Acknowledgments Can Affect Some Debt Claims
Different rules can apply to certain debt claims.
In some circumstances, a qualifying acknowledgment of a debt or a part payment made before the applicable limitation period expires can cause the limitation period to begin again.
There are technical requirements. For example, not every communication about a debt will qualify as an acknowledgment, and timing matters.
The important point is that you should not determine whether an old debt is enforceable simply by looking at the date the money was originally due. Payment history and communications between the parties can matter.
Some Claims Have No Limitation Period
Alberta’s Limitations Act provides that there is no limitation period for claims relating to sexual assault or sexual battery.
The legislation also removes limitation periods for certain other claims involving sexual misconduct and certain assault or battery claims where specified circumstances apply.
Because those additional categories have specific legal requirements, it is better not to assume that every abuse-related claim is treated the same way. The exact nature of the claim and the relationship between the parties can matter.
Filing a Lawsuit Creates New Deadlines
Starting the lawsuit is not the end of the timeline.
For example, in the Alberta Court of Justice Civil Division, a Civil Claim generally must be served on the defendant within one year after it is filed. There is a process to ask the Court to renew the claim for an additional period if service cannot be completed in time.
Once served, a defendant generally has:
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20 days to file a Dispute Note if served in Alberta; or
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30 days to file a Dispute Note if served outside Alberta.
Different procedural rules apply in the Court of King’s Bench of Alberta.
The point is simple: filing before your limitation period expires does not mean there are no more deadlines.
What Happens If You Miss the Limitation Period?
If the applicable limitation period expires, the defendant may be able to rely on the Limitations Act as a complete defence to the claim.
But determining whether a claim is actually out of time can require more than counting two years on a calendar.
The answer can depend on:
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when you discovered the claim;
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when you reasonably should have discovered it;
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when the claim legally arose;
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whether another law imposes a different deadline or notice requirement;
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whether a limitation period was suspended;
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whether a payment or acknowledgment affected the deadline;
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whether the 10-year ultimate limitation period applies; or
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whether a statutory exception applies.
That is why limitation questions should be dealt with early.
What This Means Practically
Three rules are worth remembering.
Do not assume you have two years. Two years is the general limitation period for many Alberta civil claims, but shorter deadlines and notice requirements can apply.
Do not automatically assume you are out of time. Discoverability, suspension rules, acknowledgments, statutory exceptions and other factors can change the analysis.
Do not stop tracking deadlines once a claim is filed. Service deadlines, response deadlines and court procedural rules can still affect whether the claim moves forward.
Speak With an Alberta Litigation Lawyer
Berjak Law handles civil litigation and personal injury matters in Edmonton and across Alberta.
Berjak Law
10080 Jasper Avenue, Suite 301
Edmonton, Alberta
780-879-0200
