This page gives information about notices to proceed under the Limitation Act for people under 19 and incapable adults.

Notices to proceed under the Limitation Act for people under 19

If a child/youth under the age of 19 has a potential legal claim in B.C., they must start their claim in court within a certain period of time. This time period starts when the child/youth reaches the age of 19, the age a person becomes an adult in B.C. The Limitation Act sets out this time period, which is called a “limitation period.”

Sometimes a defendant (the person who would be sued) wants to start the child/youth’s limitation period running before they turn 19. Under the provisions of the Limitation Act, the defendant may serve a Notice to Proceed on the child/youth’s parents or guardians, and on the Public Guardian and Trustee (PGT).

Once it is effectively delivered, the Notice to Proceed starts the limitation period running immediately. This is the time a child/youth has to pursue a civil claim (usually two years from effective service of the Notice to Proceed). If the child/youth’s claim does not settle within this period, the child/youth’s parents or guardians must commence a legal action to pursue the claim before the limitation period ends. If the child/youth may have a viable civil claim, their parents or guardians have a duty to pursue litigation on their behalf.

The PGT and Notices to Proceed

If served with a Notice to Proceed, we:

• Send a letter to the parents or guardians explaining the effect of the notice and the need to act
• Confirm the parents or guardians have retained a lawyer on the child/youth’s behalf and filed a Notice of Civil Claim

If the parents or guardians fail to protect the child/youth’s claim, we may start an action on the child/youth’s behalf in certain circumstances.

Notices to proceed under the Limitation Act for incapable adults

If an adult has a potential legal claim in B.C., they must start their claim in court within a certain period of time. The Limitation Act sets out this time period, which is called a “limitation period.”

The Limitation Act also states that when an adult is incapable, the limitation period is suspended and does not start running until the adult is no longer incapable. Furthermore, should an adult who is pursuing a claim become incapable during the running of the limitation period, the limitation period becomes suspended until the adult is no longer incapable.

Sometimes a defendant (the person who would be sued) wants to start the running, or the continuation, of the incapable adult’s limitation period. Under the provisions of the Limitation Act, the defendant may serve a Notice to Proceed on the incapable adult’s committee (if they have one) and on the Public Guardian and Trustee (PGT).

Once it is effectively delivered, the Notice to Proceed starts the limitation period running immediately or restarts the running of any suspended limitation periods. If an incapable adult’s claim is not resolved within the requisite limitation period (which varies depending on the type of claim), then the adult’s committee or legal representative must commence a legal action to pursue the claim before the limitation period ends.

The PGT and Notices to Proceed

If served with a Notice to Proceed on behalf of an incapable adult, we:

• Determine whether the incapable adult has substitute decision-maker, such as a committee, power of attorney or representative, to represent the incapable adult’s interests and explain the effect of the notice and the need to act; and
• Confirm that the incapable adult’s substitute decision-maker has agreed to act, retained a lawyer on the incapable adult’s behalf and filed a Notice of Civil Claim

If there is no substitute decision-maker, or other appropriate party willing to pursue a viable claim on behalf of an incapable adult, the PGT may be asked to fulfill such a role and act as litigation guardian.

How to serve a Notice to Proceed on the PGT

Please submit your Notice to Proceed and payment online. If you are not able to submit online or run into any difficulties making your submission, please contact us at cyslegal@trustee.bc.ca (people under 19) or stalegal@trustee.bc.ca (incapable adults) for assistance.

Fees

The PGT charges a fee of $525.00 ($500.00 plus 5% GST) to examine and respond to a Notice to Proceed under the Limitation Act.

If the PGT decides to act as litigation guardian, a fee of $367.50 ($350.00 plus 5% GST) applies.

All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. For more information, see Fees for protective legal review services.