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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99474
Experience:  Lawyer
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I am calling from Trail .C., I would be the defendant, a builder

Customer Question

I am calling from Trail B.C., I would be the defendant, a builder in this case, accused of debts incurred from 2007 to 2012 amounting to aprox. $65,000. to one subcontractor. In B.C. a new limitation act came into effect June 1 2013, To this date no action has been brought against me! The questions would be 1) As far as I know Discovery has not occurred yet, would I be notified and how? 2) Would this case come under the new Limitation Act which limits a 2 year period to act? 3) Could the claimant backdate the "discovery" date of this action?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Are you saying that you do not believe that the subcontractor has found out that he has a claim against you yet? If so, why not?
Customer: replied 1 year ago.
He probably knows that he has a claim but hasn"t notified me or the courts yet ! Has he run out of time?
Customer: replied 1 year ago.
If Discovery has occurred, should I be notified?
Expert:  Debra replied 1 year ago.
If the claim was not discovered before the new Act came into effect the new Act applies. In that case it is too late to sue you. If the claim was discovered before the new Act came into effect the old Act applies and he can still sue. But it is not just when the claim was discovered but when it could have been. So if it is his fault he did not discover the claim the limitation period would start when he could have discovered it.He doesn't have to let you know when he discovers the claim. Also, if he never discovers the claim the new Act sets the ultimate limitation period at 15 years so he cannot sue you after 15 years has passed since the claim arose no matter when it was discovered.

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