The executive director stood at the threshold of the basement storage room, watching a thin stream of water trace its way down the concrete wall and pool on the floor where it had already begun to warp the laminate flooring installed just three years earlier. Above her, she could hear the muffled sounds of the after-school program, children's voices echoing through a building that had been renovated specifically to serve them. She had noticed dampness in this corner six months ago, had mentioned it casually to the facilities manager, who had attributed it to condensation and suggested they run a dehumidifier. Now, with water actively infiltrating the wall and the unmistakable smell of mold beginning to permeate the space, she understood that the problem was something far more serious. What she did not yet understand was that this moment—standing in a basement watching water damage unfold—would become the subject of intense legal scrutiny, the fulcrum upon which a limitation period analysis would turn, and the focal point of a dispute that would consume the organization's attention for years to come.
The Limitations Act of Alberta establishes a framework that governs when claims must be brought and when they are forever barred. At the heart of this framework lies the basic limitation period: two years. This period appears simple on its face, a straightforward deadline that claimants must meet or forfeit their right to pursue remedies through the courts. Yet the apparent simplicity of a two-year window belies the considerable complexity that surrounds its application. The critical question is not merely how long the period runs but when it begins. Alberta law answers this question through the discoverability principle, which provides that the limitation period does not commence on the date when the wrongful act occurred, nor necessarily on the date when damage first manifested, but rather on the date when the claimant knew or ought to have known that the injury, loss, or damage had occurred, that it was caused by or contributed to by an act or omission, and that the act or omission was that of the defendant. This three-part test determines the moment of discovery, and from that moment, the clock begins its inexorable countdown.