Lawyers have been calling and asking how the suspension of limitation periods affects the time period to file an appeal. Here are guidelines:
|
Time Period Scenario for Appeals to BC Court, with limitation periods governed by BC law
|
Effect of Suspension of Limitation Periods
|
Example
|
|
If the time period within which your civil or family appeal must be commenced would normally have expired between March 26, 2020 and March 25, 2021 (i.e., during the suspension) but started running before the suspension.
|
You have the same amount of time remaining after the suspension of limitation periods as you did before the suspension.
|
- An order was pronounced on March 16, 2020 to which the 30-day time period in section 14 (1) (a) of the Court of Appeal Act applies*
- 9 days of this 30-day time period elapsed before limitation periods were suspended on March 26, 2020, leaving 21 days to appeal
- Time starts running again on March 26, 2021. You therefore have 21 days, i.e., until on or before April 15, 2021 to bring your appeal
|
|
If the time period within which your civil or family appeal must be commenced would normally have started running between March 26, 2020 and March 25, 2021 (i.e., during the suspension).
|
Your time period starts to run on March 26, 2021.
|
- An order was pronounced on December 10, 2020 to which the 30-day time period in section 14 (1) (a) of the Court of Appeal Act applies
- You have 30 days from and including March 26, 2021 to bring your appeal, i.e., on or before April 24, 2021**
|
Notes:
* The 30-day period in section 14 (1) (a) of the Court of Appeal Act is simply one example of a time period that applies to certain appeals in British Columbia. You must determine the applicable time period to appeal as there are different appeal time periods. For example, section 6 of the Small Claims Act sets a different time period for appealing certain BC Provincial Court small claims orders to the BC Supreme Court.
** April 24, 2021 is a Saturday so your limitation date may be affected by the Interpretation Act.
The suspension of limitation periods applies to third party proceedings.
This document was developed by the Lawyers Indemnity Fund of the Law Society of BC and is shared as educational material. It is not intended to constitute legal advice and should not be relied upon for those purposes. The Ministry of Attorney General confirms that the examples provided above are consistent with the policy intent for how the suspension of limitation periods relating to the COVID-19 pandemic was meant to function.