I’m often asked this question by both my own clients and potential clients. The two-year limitation is a requirement under the Limitations Act that you bring an action (i.e. file a Statement of Claim) within two years of the date of the accident. This is known as a ‘statutory requirement’. It is requirement that was created by a statute drafted by the legislature in Edmonton. It does NOT mean that you need to settle within two years of the date of your accident. It simply means that you have to draft a document called a Statement of Claim and ‘file’ that document at the court house on or before two years has elapsed since the date of your accident.
Doing so, keeps your claim for damages ‘alive’. A similar sort of time limitation applies to ‘service’ of the Statement of Claim – your Statement of Claim must be ‘served’ on the named defendants within one year of the Statement of Claim being filed. Both these items, filing of the Statement of Claim and service of the Statement of Claim are normally handled by lawyers (you don’t want to make a mistake on either of these requirements because your claim ‘dies’ if you fail to either file or serve on time).