Appendix E
Comparison of Statutes of Limitations in Each Province and Territory

The limitation period to bring an action relating to negligent architectural services varies from provincial or territorial jurisdiction to jurisdiction and with the type of damage that results. The basic rule is that the limitation period starts to run from the date the cause of action arose. Usually, this occurs when the party suffering the loss discovers, or ought to have discovered, that it had the right to sue for damages and knows the identity of the person/entity it can sue. The damage may not be discovered for many years after the construction is complete (for example, precast concrete panels may fall off after incorrectly specified anchors have rusted or corroded and failed).

The following chart sets out the appropriate limitation periods according to whether the action is one in contract or tort (that is, negligence) and whether the damage is to property or person.

This is a very general outline only and does not replace proper advice from professional liability insurers and lawyers, which should be obtained as soon as possible in the event of a potential claim.