The Limitations Act in Alberta imposes a time limit for filing civil claims for any injury. This is important in personal injury files as you may lose your right to file a claim if you are outside the limitation period.

What is the Limitation Period in Alberta?

The limitation period in Alberta is:

    • 2 years after the date on which the claimant first knew, or ought to have known, that the injury/damage was caused by an act or omission of the defendant; or
    • 10 years after the claim arose, whichever occurs first.

For an adult that has been injured in a motor vehicle collision or slip-and-fall, that means that your limitation is 2 years from the date of the accident and you must file a civil claim before that date expires. If you do not file a claim before your limitation period expires, you may not be able to make a claim.

The 2-year limitation is the standard rule that generally applies to all cases, however, there are certain situations that have even stricter deadlines, such as:

    • A hit-and-run with an unknown driver—In this scenario, if the person who hit you cannot be identified, then you would claim compensation through the Motor Vehicle Accidents Fund which requires notice within 90 days of the accident.
    • Injuries involving the municipality—If you experience an injury on municipal property, then the Municipal Government Act states that you must notify the municipality within 30 days. Further, if you are injured on a sidewalk/road caused by snow, ice, or slush, then you are required to notify the municipality within 21 days.

Are there exceptions to the Limitation period?

Yes, there are exceptions to the limitation period, which allow you to bring a claim after the 2 year period has expired. For personal injury files, these exceptions are:

    • Claims involving minors—The Limitations Act suspends all claims for minors until that minor reaches 18 years of age. However, a potential defendant can serve the minor with a “Notice to Proceed” on the minor’s guardian or Public Trustee, which would cause the limitation periods under the Act to begin to run.
    • Claims involving disability – The Act suspends the operation of limitation periods for any period of time that the claimant is a person under disability.

Why are limitations so important in personal injury files?

Limitations for personal injury files are especially important as treatment for injuries can be ongoing, and the limitation can change depending on the circumstances of your injury. Once your limitation period passes, you may be barred from making a claim.

We have covered a brief overview of the limitation periods above, but it can be complex and confusing when you are trying to navigate it on your own. To make sure that you don’t miss a limitation, or to get more information about your case, contact our office to schedule a consultation and speak with one of our experienced lawyers.