On March 26, 2020, the Minister of Public Safety and Solicitor General released Ministerial Order No. MO86, which suspends every mandatory limitation period for civil and family claims commenced in the Provincial Court, Supreme Court or Court of Appeal.
The suspension of the limitation period does not apply to the following tribunals:
- the Civil Resolution Tribunal;
- the Residential Tenancy Branch; and
- WorkSafe BC.
Nonetheless, under section 3 of MO86, a person, tribunal or other body that has a statutory power of decision may waive, suspend or extend a mandatory period. For example, the Civil Resolutions Tribunal, which deals with small claims valued at $5,000 and strata property disputes extended the deadline for respondents who are impacted by the pandemic until at least May 15, 2020. The Civil Resolutions Tribunal will also consider extensions on a case-by-case basis. Given the fluid nature of the COVID-19 situation, it is important for an individual to continuously check the tribunal’s website for the most up-to-date information.
Effective April 15, 2020, Ministerial Order No. M098 will replace the previous Ministerial Order No. MO86. As with the previous order, every mandatory limitation period remains suspended for civil and family law claims commenced in the Provincial Court, Supreme Court or Court of Appeal. The new MO also continues the power of statutory decision makers to waive, suspend or extend a mandatory limitation period. The major change with MO98 is that the suspension of limitation periods will not apply under the Builders Lien Act, SBC 1997 c 45 and Division 5 of Part 5 (Builders Liens and Other Charges) of the Strata Property Act, SBC 1998 c 43. MO98 will remain in place until the state of emergency declared on March 18, 2020 expires or is cancelled. As such, it is important for those involved in the construction industry to note that the following mandatory limitation dates under the Builder’s Lien Act, and Strata Property Act continue to apply:
- the strict forty-five day time period to file a lien: a claim of lien must be filed within forty-five days of any “triggering event” under s. 20 and s.22 of the Builder’s Lien Act and Division 5 of Part 5 the Strata Property Act, which prescribes mandatory limitation periods for liens against Strata Lots;
- the fifty-five day holdback period: hold-back funds must be released within the fifty-five day time period mandated by the Builder’s Lien Act, and Strata Property Act ;
- enforcement of the lien: the one year limitation period to enforce a lien under the Builder’s Lien Act continues to apply. While the Supreme Court of British Columbia is operating a limited capacity, the courts will continue to accept Notices of Civil Claim for filing .
The limitation periods under the Builder’s Lien Act and the Strata Property Act are strict, and parties are encouraged to carefully review the legislation and seek legal advice. Please contact Raj Dhatt or Jordanna Cytrynbaum with any questions regarding the above or any corporate or commercial matters.
Written by Raj Dhatt with contribution from articling student, Madeline Green.
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Ministerial Order No. MO86 can be found here: http://www.bclaws.ca/civix/document/id/mo/mo/2020_m086
Ministerial Order No. MO98 can be found here: http://www.bclaws.ca/civix/document/id/mo/mo/2020_m098