Limitation Period for CRT Small Claims in BC: How Long You Have to File

A contractor walked off with your deposit eighteen months ago, and you've only just decided to do something about it. The question that matters most right now isn't which forms to fill in — it's whether you've run out of time to file.

The Two-Year Basic Limitation Period

Under BC's Limitation Act, you have two years to file a CRT small claim from the date you discovered (or reasonably should have discovered) three things: that you suffered a loss, that the loss was caused by the other party's act or omission, and that a legal proceeding was an appropriate way to address it.

For most disputes — an unpaid invoice, a contractor who took a deposit and disappeared, a product that broke — the discovery date is obvious. The clock starts when you know you've been shortchanged. But if the problem was hidden (a latent defect in a used car, a billing error you only spotted months later), the two-year period starts when you could reasonably have discovered the issue, not when the act itself occurred.

There's also an ultimate limitation period of 15 years from the date of the act or omission, regardless of when you discovered the loss.

What Pauses the Clock

Sending a demand letter does not pause the limitation period. Neither does using the CRT's Solution Explorer or having informal settlement discussions.

The clock pauses only when you submit a completed CRT Dispute Application and pay the filing fee (or submit a completed fee waiver request). That's the statutory trigger under section 8.1 of the Civil Resolution Tribunal Act.

If your two-year deadline is approaching, file the application first and negotiate afterward. The CRT may refund the $75 or $125 application fee if the claim settles during the negotiation phase.

What Happens If You Miss the Deadline

If you file after the limitation period has expired, the respondent can raise it as a defence. The CRT will likely dismiss the claim. There are very narrow exceptions in the Limitation Act — such as the claimant being a minor or having a legal disability during part of the period — but these are uncommon and fact-specific.

The limitation period applies whether your claim is at the CRT (up to $5,000) or at Provincial Court ($5,001 to $35,000). The same Limitation Act governs both forums.

Practical Takeaways

• Count two years from the date you knew (or should have known) about the loss
• Don't rely on a demand letter or informal talks to buy time — they don't pause the clock
• If you're within a few weeks of the deadline, file the CRT application immediately
• Keep records of when you discovered the loss, in case the respondent argues you should have known earlier

The BC CRT Small Claim Filing Guide includes a deadline calendar that maps every statutory timeline — from the limitation period through the 90-day service window and the 10-day proof-of-service requirement — so nothing slips.

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