- The basic deadline to start a court proceeding is 2 years from the day the claim is discovered.
- A claim is discovered when you knew, or reasonably ought to have known, the key facts, not simply when you bought the home.
- Even a late-found defect is generally cut off 15 years after the act or omission, unless the seller wilfully concealed it.
You bought a home, and some time later you found a problem that nobody told you about: hidden water damage, a failed drain, a structural issue. Now you are wondering whether you can still do something about it, and how long you have.
In British Columbia, the main deadlines come from the Limitation Act. They are strict, and they work differently from what many people expect. This article explains the two-year period, how discovery works, the 15-year outer limit and the situations that can change the clock.
This article covers the law of British Columbia.
What counts as a hidden defect
A hidden, or latent, defect is a problem that a reasonable inspection would not reveal. Sellers must disclose latent defects that they know about. Visible, or patent, defects are different, because the rule of buyer beware still applies to them and buyers have a general duty to inspect.
Whether your problem is hidden or visible, and whether the seller knew about it, are questions of fact. They matter for the merits of your claim, but the deadline rules below apply separately and can end a claim even where the defect was real.
The two-year basic period
A court proceeding must not be started more than 2 years after the day the claim is discovered. This is called the basic limitation period.
The start date is the day the claim is discovered, which turns on what you knew or reasonably ought to have known, not automatically on the closing date. A claim is discovered on the first day you knew or reasonably ought to have known all of the following:
- That injury, loss or damage occurred.
- That it was caused or contributed to by an act or omission.
- That the act or omission was that of the person you would sue.
- That a court proceeding would be an appropriate means to seek a remedy.
The words "ought to have known" matter. If signs of the problem were there earlier, such as stains or an inspector's note, the start date may be earlier than the day you personally understood it. Keep track of when you first noticed anything.
The 15-year outer limit
Even if the 2-year period has not run, a proceeding must not be started more than 15 years after the day the act or omission behind the claim took place. This is the ultimate limitation period. For a hidden defect it runs from the act or omission, not from the day you found the defect.
There is an exception for concealment. If the defendant wilfully conceals that loss has occurred or that it was caused by an act or omission, or misleads you about whether a court proceeding is appropriate, the act or omission is treated as occurring on the discovery day. This can extend the 15-year period, for example where a seller hid a defect. Proving concealment is a factual question, so get advice before relying on it.
Situations that can change the clock
| Situation | Effect |
|---|---|
| Claimant is a minor | Discovery is the later of the day the minor turns 19 and the ordinary discovery date. |
| Claimant under a disability | The periods do not run while the disability continues. |
| Written acknowledgment of liability made before the period expires | If the acknowledgment is made before a limitation period expires, the claim is treated as not discovered before the day of the acknowledgment. It generally must be in writing, signed and made to the claimant or their agent. |
| A proceeding already started on time | A related claim can be raised by counterclaim, third-party proceedings or set-off even if its own period has expired. |
| A different statute sets the period | The Limitation Act does not apply to a claim with a period set under another enactment, except as that enactment provides. |
Because another enactment may set its own period, it is worth confirming whether anything other than the 2-year and 15-year rules applies to your claim.
What to do next
- Write down the date you first noticed the problem and what you did next.
- Keep the purchase contract, any Property Disclosure Statement, your inspection report and the listing.
- Photograph the defect and keep repair quotes and invoices.
- Do not wait to see if the problem gets worse before getting advice, because the clock may already be running.
- Be careful with any written statement from the seller admitting responsibility, and keep it safe.
- Speak with a BC lawyer promptly to confirm your deadline and your options.
Frequently asked questions
Does the two-year period start on my closing date?
Not necessarily. It starts on the day the claim is discovered, which is when you knew or reasonably ought to have known the key facts. That may be later than closing, or earlier than the day you fully understood the problem.
Can I sue after 15 years if the defect was only found recently?
Generally not, because the 15-year limit runs from the act or omission, not from when you found the defect. The exception is wilful concealment by the defendant, which can treat the act as occurring on the discovery day.
Does the seller admitting fault restart the time?
An acknowledgment of liability made before the period expires can mean the claim is treated as not discovered before that day. It generally must be in writing, signed and made to you or your agent.
Is there a different deadline for small claims?
How this applies depends on your situation, so it is worth confirming with a lawyer. The Civil Resolution Tribunal can take small claims up to $5,000, and larger claims go to Provincial Court (Small Claims) or Supreme Court. The Limitation Act deadlines in this article may not apply where another enactment sets its own period.
Sources
- Limitation Act, SBC 2012, c. 13 (BC Laws) — bclaws.gov.bc.ca
- Civil Resolution Tribunal – What kinds of claims can the CRT take? — civilresolutionbc.ca
- BCFSA – Consumer Guide to Material Latent Defects — bcfsa.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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