Alberta civil procedure
What knowledge starts Alberta’s two-year discovery limitation?
2 years after the required knowledge, subject to the earlier 10-year limit. Establish the discovery limb and compare the ultimate limb before seeking a remedial order. Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts.
- Period
- 2 years after the required knowledge, subject to the earlier 10-year limit
- Trigger
- Actual or constructive knowledge of all three section 3(1)(a) matters
- Rule
- Limitations Act, RSA 2000 c L-12, s 3(1)(a)
Official Limitations Act current December 15, 2022, acquired from Alberta King’s Printer October 9, 2026.
Source guide · No automated date
Check the applicable procedure
Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts. The unresolved completion facts are actual or constructive knowledge of all three section 3(1)(a) matters and the source-qualified route to establish the discovery limb and compare the ultimate limb before seeking a remedial order.
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What knowledge starts Alberta’s two-year discovery limitation?
2 years after the required knowledge, subject to the earlier 10-year limit. Establish the discovery limb and compare the ultimate limb before seeking a remedial order. Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts.
Responsible actor. The claimant seeking a remedial order and defendant relying on the Act.
Actual or constructive knowledge of all three section 3(1)(a) matters.
Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts.
Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts.
Limitations Act, RSA 2000 c L-12, s 3(1)(a)How does this provision count time?
- Identify actual or constructive knowledge of all three section 3(1)(a) matters.
- Establish the discovery limb and compare the ultimate limb before seeking a remedial order.
- For establish the discovery limb and compare the ultimate limb before seeking a remedial order, establish actual or constructive knowledge of all three section 3(1)(a) matters under Limitations Act, RSA 2000 c L-12, s 3(1)(a). The source states 2 years after the required knowledge, subject to the earlier 10-year limit. Interpretation Act section 22 addresses time reckoning. Rules of Court day counting cannot be imported merely because the dispute concerns a court.
- The paired limitation immunity concerns establish the discovery limb and compare the ultimate limb before seeking a remedial order. A registry being closed does not itself prove that availability, a ceiling, immunity or a service fact moves forward. Establish the precise statutory act and any applicable Interpretation Act section 22 holiday or office rule.
For establish the discovery limb and compare the ultimate limb before seeking a remedial order, establish actual or constructive knowledge of all three section 3(1)(a) matters under Limitations Act, RSA 2000 c L-12, s 3(1)(a). The source states 2 years after the required knowledge, subject to the earlier 10-year limit. Interpretation Act section 22 addresses time reckoning. Rules of Court day counting cannot be imported merely because the dispute concerns a court.
The paired limitation immunity concerns establish the discovery limb and compare the ultimate limb before seeking a remedial order. A registry being closed does not itself prove that availability, a ceiling, immunity or a service fact moves forward. Establish the precise statutory act and any applicable Interpretation Act section 22 holiday or office rule.
Limitations Act, RSA 2000 c L-12, s 3(1)(a)Which facts prevent one automatic date?
Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts. The unresolved completion facts are actual or constructive knowledge of all three section 3(1)(a) matters and the source-qualified route to establish the discovery limb and compare the ultimate limb before seeking a remedial order.
The claimant seeking a remedial order and defendant relying on the Act establishes actual or constructive knowledge of all three section 3(1)(a) matters. Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts. 2 years after the required knowledge, subject to the earlier 10-year limit. Establish the discovery limb and compare the ultimate limb before seeking a remedial order. This source scenario does not calculate a final date.
The proposed boundary for establish the discovery limb and compare the ultimate limb before seeking a remedial order meets a holiday or closed office. The paired limitation immunity concerns establish the discovery limb and compare the ultimate limb before seeking a remedial order. A registry being closed does not itself prove that availability, a ceiling, immunity or a service fact moves forward. Establish the precise statutory act and any applicable Interpretation Act section 22 holiday or office rule. Establish the precise paired limitation immunity and applicable closure facts. No moved final date is supplied.
Injury is known but the required attribution or warranted-proceeding knowledge is not yet established. Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts. Review Limitations Act, RSA 2000 c L-12, s 3(1)(a) with the changed facts. 2 years after the required knowledge, subject to the earlier 10-year limit cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts.
- Source interval and calendar
- For establish the discovery limb and compare the ultimate limb before seeking a remedial order, establish actual or constructive knowledge of all three section 3(1)(a) matters under Limitations Act, RSA 2000 c L-12, s 3(1)(a). The source states 2 years after the required knowledge, subject to the earlier 10-year limit. Interpretation Act section 22 addresses time reckoning. Rules of Court day counting cannot be imported merely because the dispute concerns a court.
- Actor and completion
- The claimant seeking a remedial order and defendant relying on the Act. Establish the discovery limb and compare the ultimate limb before seeking a remedial order.
- Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts.
- The actor is the claimant seeking a remedial order and defendant relying on the Act. The event is actual or constructive knowledge of all three section 3(1)(a) matters. The boundary is paired limitation immunity. Knowledge must concern injury, attribution to the defendant’s conduct and whether proceedings are warranted assuming liability. Section 3 creates pleaded immunity after the earlier boundary, with statutory exceptions and suspensions requiring separate facts.
What must the responsible actor complete?
Questions about this procedure
What knowledge starts Alberta’s two-year discovery limitation?
Does knowing an injury alone start two years?
Section 3(1)(a) requires all three stated knowledge matters, including attribution and whether proceedings are warranted assuming liability.
Limitations Act, RSA 2000 c L-12, s 3(1)(a)Does actual knowledge alone matter?
The provision includes what the claimant ought to have known.
Limitations Act, RSA 2000 c L-12, s 3(1)(a)Can the ten-year limit expire first?
Yes. Section 3(1) uses whichever of the discovery and ultimate periods expires first.
Limitations Act, RSA 2000 c L-12, s 3(1)(a)Does expiry automatically erase the underlying claim?
The defendant obtains the stated immunity on pleading the Act as a defence.
Limitations Act, RSA 2000 c L-12, s 3(1)(a)Who proves compliance with the discovery limb?
Section 3(5)(a) places that burden on the claimant.
Limitations Act, RSA 2000 c L-12, s 3(1)(a)Does every assault claim use these ordinary limits?
Section 3.1 removes the limitation for its specified assault claims. Establish the actual statutory class before applying section 3.
Limitations Act, RSA 2000 c L-12, s 3(1)(a)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Limitations Act, RSA 2000 c L-12, s 3(1)(a) | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |