What Manitoba requires
- A proceeding on a claim must not be started more than two years after the day the claim is discovered: the day the claimant first knew or ought to have known of the loss, its cause, who caused it and that a proceeding would be appropriateThe Limitations Act, s. 6 and 7
- A claim for money of up to 20,000 dollars, including general damages of up to 2,000 dollars, may be filed under the small claims procedure of the Court of King's BenchThe Court of King's Bench Small Claims Practices Act, s. 3 (1) ยท Court of King's Bench Small Claims Practices Regulation, s. 1.2
- For the 15-year period, a default in performing a demand obligation takes place on the day the default occurs, once a demand for performance is madeThe Limitations Act, s. 11 (1) (e)
- Even if the basic period has not expired, a proceeding must not be started more than 15 years after the day the act or omission the claim is based on took placeThe Limitations Act, s. 10 (1)
- An acknowledgement of the liability, made in writing and signed before the limitation period expires, starts the period afresh; for a debt, a part payment has the same effect, even without a promise to pay the restThe Limitations Act, s. 20 (1) to (4)
Time to sue
Two years from the day you knew or ought to have known the note was not paid. The outer limit is 15 years; for a demand obligation it runs from the default after a demand.
Payments and acknowledgements
A part payment of the debt, or a signed written acknowledgement, starts the period afresh.
Small claims
Claims up to 20,000 dollars use the Court of King's Bench small claims procedure.
Common mistakes
- Using the 15,000 dollar small claims figure printed in the Act.
- Stating only a monthly rate.
- Taking an unsigned acknowledgement.
Sources
- The Limitations Act, s. 6 and 7, checked November 3, 2026
- The Court of King's Bench Small Claims Practices Act, s. 3 (1), checked November 3, 2026
- Court of King's Bench Small Claims Practices Regulation, s. 1.2, checked November 3, 2026
- The Limitations Act, s. 11 (1) (e), checked November 3, 2026
- The Limitations Act, s. 10 (1), checked November 3, 2026
- The Limitations Act, s. 20 (1) to (4), 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.