In British Columbia (BC), you usually have two years to start a civil lawsuit from the date you discovered, or reasonably should have discovered, 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 BC, employees typically have two years to bring a wrongful dismissal lawsuit.

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What Is the Statute of Limitations in BC?

BC’s Limitation 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 caused it and that legal action would be an appropriate way to address it.

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

Different laws and exceptions can change the deadline, so don’t assume every legal claim follows the same two-year rule.

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

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

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 BC and BC 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 BC’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However, an offer can expire or be withdrawn.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 BC?

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 the insurance policy, denial circumstances and applicable law must be reviewed.
  • Employment Standards: Employees whose jobs have ended usually have six months from their last day of employment to file a complaint with BC’s Employment Standards Branch.
  • Human Rights: Complaints to the BC Human Rights Tribunal must usually be filed within one year of the alleged discrimination.

? Important: The six-month deadline for an Employment Standards Branch complaint is different from the two-year deadline for most wrongful dismissal lawsuits. Choosing the wrong process or waiting too long could affect your rights.

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

Yes. Certain circumstances can delay when a limitation period starts or suspend its operation.

Examples include:

  • Delayed Discovery: You couldn’t reasonably have known about your claim earlier.
  • Minors: Special rules can postpone limitation periods for claims involving children.
  • Incapacity: A qualifying legal disability may suspend a limitation period.
  • Fraud or Concealment: Misleading conduct may affect when a claim is considered discovered.
  • Special Claims: Some legal proceedings have their own deadlines or exemptions.

BC also has a 15-year ultimate limitation period for many civil claims. This is an outer time limit, subject to exceptions, not an automatic extension of the basic two-year deadline.

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

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

Negotiating with an employer or 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, seek legal advice promptly. Even if you believe you’ve missed it, a lawyer can determine whether an exception applies.

Statute of Limitations BC: Frequently Asked Questions

How long do you have to sue someone in BC?

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

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

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 BC?

Sometimes. Delayed discovery, incapacity and other legal exceptions may affect the deadline. Don’t assume an exception applies without legal advice.

Is the statute of limitations in BC 15 years?

BC’s basic limitation period is two years for most civil claims. The 15-year ultimate limitation period is a separate outer limit and doesn’t give everyone 15 years to sue.

Don’t Let a Deadline Cost You Your Severance Pay

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

The BC 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.

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