Manitoba Small Claims Limitation Period

Two Years From Discovery

Manitoba's limitation periods are governed by The Limitations Act (C.C.S.M. c. L150), which came into force on September 30, 2022. The basic rule: you have two years from the day you discovered your claim to file a proceeding.

Discovery does not mean the day the event happened — it means the day you first knew, or reasonably should have known, four things:

1. That you suffered injury, loss, or damage
2. That the loss was caused by an act or omission
3. That the act or omission was the defendant's
4. That a court proceeding would be an appropriate way to seek a remedy

The discovery date depends on those four factors; do not assume it is always the day of the event. For latent defects (a roof repair that looks fine for a year before leaking) or an overcharge you did not notice until an audit, the clock may start later.

The 15-Year Ultimate Limit

Even if discovery is delayed, there is an absolute ceiling: 15 years from the date of the act or omission. After that, no claim can be brought regardless of when you learned about the loss.

What Does Not Pause the Clock

Several things that feel like they should buy time actually do not:

• Sending a demand letter does not toll or suspend the limitation period. If your two-year window is closing, file first and send the demand simultaneously.
• Settlement negotiations do not pause the clock either. You can negotiate and file at the same time, but any filing fee already paid is non-refundable.
• Filing in the wrong forum (for example, filing a residential tenancy dispute in Small Claims Court instead of the Residential Tenancies Branch) does not stop time from running on your actual claim.

What Resets the Clock

If the debtor acknowledges the debt or makes a partial payment before the two years expire, the limitation period resets to two years from the date of that acknowledgment. This is under Section 20(1) of The Limitations Act.

This matters for unpaid invoices where the debtor has been making small payments or sending emails saying "I know I owe you." Each qualifying acknowledgment restarts the two-year clock.

Practical Implications for Small Claims

If you are anywhere near the two-year mark, file immediately. The filing fee ($75 or $100) is a small price for preserving your right to sue. You can always negotiate a settlement after filing — in fact, the filing itself often motivates the other side to pay.

The filing date for limitation purposes is the date the court registry receives and stamps your paper Form 76A — not the date you mailed it. If you are filing by mail with days to spare, consider driving to the registry instead.

The Making a Small Claim in Manitoba guide includes a deadline tracking calendar that maps your limitation period, service window, and hearing dates onto a single timeline so nothing expires while you are preparing your case.

See more Manitoba guides →