What British Columbia requires
- A court proceeding on a claim must not be started more than 2 years after the day the claim is discovered: the day the claimant knew or reasonably ought to have known of the loss, who caused it and that a court proceeding would be an appropriate way to seek a remedyLimitation Act, s. 6 (1) and 8
- The Provincial Court hears claims for debt or damages of up to 35,000 dollars, not counting interest and costs; the Civil Resolution Tribunal hears small claims of up to 5,000 dollars, not counting interest and expensesSmall Claims Act, s. 3 (1); Small Claims Court Monetary Limit Regulation, s. 1 ยท Civil Resolution Tribunal Act, s. 118 (1); Tribunal Small Claims Regulation, s. 3
- A claim for a demand obligation, such as a loan payable on demand, is discovered on the first day there is a failure to pay after a demand for payment has been madeLimitation Act, s. 14
- Whatever the discovery date, no court proceeding may be started more than 15 years after the act or omission the claim is based on (for a demand obligation, the day it is discovered under s. 14)Limitation Act, s. 21 (1), (2)
- An acknowledgement of liability made before a limitation period expires restarts both periods from that day; it must be in writing, signed and made to the person with the claim or their agent, and a part payment of a liquidated sum counts as an acknowledgementLimitation Act, s. 24 (1), (6), (7)
- A court adds interest to a money judgment from the day the cause of action arose to the date of the order, but not where the parties have their own agreement about interestCourt Order Interest Act, s. 1 (1), 2 (b)
How long you have to sue
The Limitation Act gives 2 years from discovery, with an outer limit of 15 years. For a loan payable on demand, the claim is discovered only when you have demanded payment and it is not made, which is why a dated demand letter matters for demand loans.
When the clock starts again
If the debtor pays part of the amount, or signs a written acknowledgement that it is owed, both periods restart from that day. A reply email that admits the debt helps only if it is signed and sent to you or your agent.
Where the claim goes
Up to 5,000 dollars: the Civil Resolution Tribunal, online. From there to 35,000 dollars: the Provincial Court under the Small Claims Act. Interest and costs are not counted in either limit, and the court adds interest from the day the claim arose unless your contract already sets interest.
Common mistakes
- Waiting for the debtor to respond while the 2 years run out.
- Filing a 4,000 dollar claim in Small Claims Court instead of the Civil Resolution Tribunal.
- Treating an unsigned phone promise to pay as an acknowledgement.
- Claiming court interest on top of an interest rate the contract already sets.
Sources
- Limitation Act, s. 6 (1) and 8, checked November 3, 2026
- Small Claims Act, s. 3 (1); Small Claims Court Monetary Limit Regulation, s. 1, checked November 3, 2026
- Civil Resolution Tribunal Act, s. 118 (1); Tribunal Small Claims Regulation, s. 3, checked November 3, 2026
- Limitation Act, s. 14, checked November 3, 2026
- Limitation Act, s. 21 (1), (2), checked November 3, 2026
- Limitation Act, s. 24 (1), (6), (7), checked November 3, 2026
- Court Order Interest Act, s. 1 (1), 2 (b), checked November 3, 2026
Last reviewed November 3, 2026. Next review due February 3, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.