In Alberta, you usually have two years to start a civil lawsuit from the date you knew, or reasonably should have known, about your claim. This is known as the statute of limitations, or limitation period.

The two-year rule applies to many legal disputes, including wrongful dismissal and severance pay claims. However, some matters have shorter deadlines, and exceptions may apply.

⚠️ Important: If you’ve lost your job, your employer’s deadline to accept a severance package isn’t the legal deadline to pursue your full severance entitlement. In Alberta, employees typically have two years to bring a wrongful dismissal lawsuit.

On This Page

What Is the Statute of Limitations in Alberta?

Alberta’s Limitations Act establishes a basic two-year deadline for most civil lawsuits.

The clock usually starts when you knew, or reasonably should have known, that you suffered a loss, who was responsible and that the circumstances warranted legal action.

For example, if your employer fires you without providing proper severance, you will typically have two years to start a wrongful dismissal lawsuit.

Alberta also has a 10-year ultimate limitation period for many civil claims. This is an outer time limit, not an extension of the basic two-year deadline.

How Long Do You Have to Sue for Wrongful Dismissal in Alberta?

Most non-unionized employees in Alberta have two years to start a wrongful dismissal lawsuit. The period usually begins when the dismissal claim arises, often when the employer clearly communicates the termination.

Wrongful dismissal can occur when an employer terminates your employment without providing the full notice or severance pay you’re legally owed.

Full severance can reach up to 24 months’ pay, depending on your age, length of service, position, employment agreement and ability to find comparable work.

Learn more about wrongful dismissal in Alberta and Alberta severance pay entitlements.

Is Your Employer’s Severance Deadline Legally Binding?

No. Your employer’s deadline to accept a severance package isn’t the legal deadline to pursue your full severance entitlement.

An employer might give you three days, one week or another short period to accept an offer. That deadline doesn’t replace Alberta’s limitation period for bringing a wrongful dismissal claim.

However, an offer can expire or be withdrawn. You shouldn’t assume the same package will remain available indefinitely.

Don’t sign a release before finding out what you’re actually owed. Once you sign a valid release, you may lose the right to pursue additional severance.

If your employer is pressuring you to sign, learn about severance package reviews.

What Are the Deadlines for Other Legal Claims in Alberta?

The two-year limitation period applies to many civil lawsuits, but some claims have different deadlines.

  • Personal Injury: Many injury lawsuits have a two-year limitation period, subject to special rules and exceptions.
  • Long-Term Disability: Lawsuits over denied disability benefits may face a two-year deadline, but policy terms and the circumstances of the denial must be reviewed.
  • Employment Standards: Employees can file a complaint while employed or within six months after their last day of employment.
  • Human Rights: Complaints to the Alberta Human Rights Commission must be filed within one year of the discriminatory act or treatment.

? Important: Alberta’s six-month Employment Standards complaint deadline is different from the two-year period for most wrongful dismissal lawsuits. The right process depends on the compensation or remedy you’re seeking.

Are There Exceptions to Alberta’s Two-Year Limitation Period?

Yes. Certain circumstances can affect when a limitation period begins or whether it is suspended.

Examples include:

  • Delayed Discovery: You couldn’t reasonably have known about your claim earlier.
  • Minors: Special rules may suspend limitation periods involving children.
  • Incapacity: A qualifying legal disability may affect the limitation period.
  • Concealment: Misleading conduct may affect when a claim is considered discovered.
  • Special Claims: Some proceedings have different deadlines under other legislation.

Alberta’s 10-year ultimate limitation period is a separate outer limit for many civil claims. It doesn’t give everyone 10 years to start a lawsuit, and exceptions may apply.

What Happens if You Miss the Statute of Limitations in Alberta?

Missing the applicable limitation period can prevent you from pursuing your claim in court.

Negotiating with your employer or an insurance company doesn’t automatically stop the legal clock. Waiting for a response could put your claim at risk.

If you’re approaching a deadline, get legal advice promptly. Even if you believe you’ve missed it, a lawyer can assess whether an exception applies.

Statute of Limitations Alberta: Frequently Asked Questions

How long do you have to sue someone in Alberta?

For most civil claims, you have two years from when you knew, or reasonably should have known, about your claim. Some matters have different deadlines.

How long do I have to sue my employer in Alberta?

Most wrongful dismissal lawsuits must be started within two years. Employment standards and human rights complaints have different filing deadlines.

Does a severance offer expire after seven days?

An employer can set an acceptance deadline for an offer, but that deadline doesn’t end your legal right to pursue severance. The offer itself may expire or change.

Can you sue after two years in Alberta?

Sometimes. The discovery of a claim and other legal exceptions can affect the deadline. Don’t assume an exception applies without legal advice.

Is the statute of limitations in Alberta 10 years?

Alberta’s basic limitation period is two years for most civil claims. The 10-year ultimate limitation period is a separate outer limit and doesn’t automatically give you 10 years to sue.

Don’t Let a Deadline Cost You Your Severance Pay

If you’ve lost your job in Alberta, don’t assume your employer’s severance offer is all you’re owed. You may be entitled to significantly more compensation.

The Alberta employment lawyers at Samfiru Tumarkin LLP help non-unionized employees understand their legal deadlines, review severance packages and pursue wrongful dismissal claims.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

Get help now