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)
Suing on a note
A missed payment starts a 2-year period from discovery. On a demand note, the clock starts only when you have demanded payment and it is not made, and the 15-year outer limit runs from then too.
Payments keep the note alive
Each payment the borrower makes is a part payment of a liquidated sum and restarts both periods, as does a signed written acknowledgement.
Collecting the balance
The Civil Resolution Tribunal hears claims up to 5,000 dollars and Small Claims up to 35,000 dollars, interest not counted.
Common mistakes
- Writing a monthly rate only: the Interest Act then caps interest at 5% a year.
- Leaving a demand note for years without a demand, then assuming the time to sue has passed.
- Lending to two people and having only one sign.
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.