When is the deadline for basic limitation period - 2 years from discovery?
The catalogue records a 2 years period from The day on which the claim is discovered. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 years
- Trigger
- The day on which the claim is discovered
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- No judicial discretion to extend. The Limitation Act contains no dispensing power. Relief comes only through the statutory devices: s 24 (extension on acknowledgment of liability), s 25 (suspension while the claimant is under a disability), and the special discovery rules in ss 12 to 19.
- DISCOVERY RULE STATED SEPARATELY FROM THE LONG-STOP. The trigger is discovery, not accrual. Section 8: a claim is discovered on the first day the person knew or reasonably ought to have known ALL of (a) that injury, loss or damage had occurred; (b) that it was caused by or contributed to by an act or omission; (c) that the act or omission was that of the person against whom the claim is or may be made; and (d) that, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy it. Limb (d) is the distinctive BC element and routinely postpones the start date. The separate 15-year ultimate period in s 21 runs in parallel and caps this period - see ca_bc_ultimate_limitation_15_years. Section 6(2) excludes proceedings on judgments, which are governed by s 7. Computation of the 2 years uses the corresponding-date method in Interpretation Act s 25.4(1)(a).