Yukon Small Claims Court Time Limit: Limitation Periods Explained

The Six-Year Rule

Under the Limitation of Actions Act (R.S.Y. 2002, c. 139), the basic limitation period for civil claims in Yukon is six years. That covers the disputes most commonly brought to Small Claims Court: unpaid invoices, broken contracts, personal loans, bounced cheques, and property damage.

If the limitation period has expired, the claim may be time-barred. Get legal advice promptly if you are close to the deadline or have already passed it.

When the Clock Starts

The six-year period begins on the date the cause of action arose — the specific day something went wrong:

• Unpaid invoice: The date payment was due under the contract
• Breach of contract: The date the other party failed to perform
• Property damage: The date the damage occurred
• Loan default: The date the borrower missed the agreed payment

If the breach was not immediately apparent — say, hidden construction defects that only showed up years later — the discoverability principle may apply. The clock starts when you discovered (or should reasonably have discovered) the problem, not when it actually happened.

What Resets the Clock

For a debt claim, two events can start a new six-year period:

Written promise or acknowledgment. A promise to pay or acknowledgment of the debt must be in writing and signed by the debtor or their agent. Under section 6 of the Act, a qualifying promise or acknowledgment starts a new six-year period from that event, even if the claim was otherwise barred.

Partial payment. A part payment to the creditor or their agent toward the principal debt or interest also starts a new six-year period from the date of payment.

Special Limitation Periods

Not every dispute follows the six-year rule:

• Residential tenancy disputes: The Residential Tenancies Act imposes a one-year limitation from the end of the tenancy or the assignment of the tenancy agreement — but these go to the Residential Tenancies Office, not Small Claims Court.
• Fraud or concealment: Where the defendant deliberately concealed the wrongdoing, the discoverability principle can extend the standard period.

For the vast majority of Small Claims Court disputes (debts, contracts, property damage), the six-year rule is the one that applies.

Practical Advice

Do not wait until month 71. If you are approaching the six-year mark, file Form 01 — Claim at the registry before the deadline, even if you are still negotiating. A rejected submission does not stop the limitation period. If you settle, you can withdraw the claim before trial by filing Form 25.

Sending a demand letter does not pause the clock. Negotiation, mediation attempts, and demand letters do not extend or suspend the limitation period.

Keep records of acknowledgments and payments. Save a signed written promise or acknowledgment from the debtor or their agent, and records of any part payment made to the creditor or their agent. These can start a new six-year period under section 6.

The Making a Small Claim in Yukon guide includes a deadline calendar that tracks both the limitation period and every procedural deadline after filing, so nothing expires without you noticing.

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