Document Storage and the Limitation Act 22 l ROOFINGBC l SPRING 2018 FEATURE E verything in business has limita- tions: Patience. Credit. Data usage. When it comes to the Limitation Act, roofing contrac- tors need to be proactive when it comes to insurance policies and record keeping to ensure they are protected against liabilities if and when they arise. “Each province has its own Limitation Act and British Columbia is no different,” said lawyer Andrew Breen at Dolden Wallace Folick. “Each province’s Limitation Act varies to some extent, but in recent years there has been a move- ment to try to line them up so they’re more consistent across the board.” Originally put in place in 1996, the Limitation Act outlines time limits in which a party can sue for bodily injury or property damage. With time periods set at two to six years, the Act – in its original form – caused a lot of confu- sion in the industry. “The problem with the Limitation Act was there used to be a two-year and a six-year limitation depending on whether there was property damage or bodily injury,” Breen explained. “If it was bodily injury, it was two years; if it was a contractual type of damage, it was arguably six years. This created quite a bit of confusion.” OnJune1,2013,theB.C.Government amended the original Act and revised the basic limitation period to two years for all cases. According to Breen, what this means is a party generally has two years from when the damage/injury is known to have occurred – or ought to have RECORD KEEPING 101.1 By TANJA NOWOTNY