In New Brunswick, the strict statute of limitations for filing a wrongful dismissal lawsuit is generally two years from the exact date of your termination. If you miss this deadline, you will permanently lose your legal right to pursue common law severance in court.
Losing your job is a massive disruption to your life. In the aftermath of a termination, it is completely normal to feel overwhelmed and simply want to put the bad experience behind you. However, ignoring an unfair severance package for too long can have permanent legal consequences.
In New Brunswick, the law provides a very specific window of time in which you must take legal action if you have been wrongfully dismissed. If you wait too long to assert your rights, the courthouse doors will be locked to you forever. In this guide, we will explain exactly how the statute of limitations works under New Brunswick law, so you can protect your right to fair compensation.
Step-by-Step Process for Meeting Deadlines
The time limits for civil lawsuits in this province are strictly governed by the New Brunswick Limitation of Actions Act. Whether your workplace was in Miramichi, Fredericton, or Saint John, this two-year rule applies universally across the province. Here is how to manage your timeline safely.
Step 1: Identify Your Exact Termination Date
The two-year clock begins ticking on the exact day you were legally dismissed . This is usually the day your employer clearly communicated that your employment was coming to an end. It is critical to keep copies of your termination letter, your final pay stub, and any emails leading up to your dismissal to establish an undisputed timeline for the court.
Step 2: Attempt Early Resolution
You do not have to sue on day one. Most employment disputes in New Brunswick are settled out of court long before the two-year deadline approaches. You should hire a local employment lawyer to draft a formal demand letter outlining your common law entitlements (the Bardal factors) and attempt to negotiate a fair settlement with your former employer directly.
Step 3: Draft a Statement of Claim
If your former employer ignores your demand letter or refuses to offer a reasonable settlement, your lawyer will prepare a formal “Statement of Claim.” This legal document outlines exactly why your termination was a wrongful dismissal and lists the specific financial damages (severance, lost benefits, and potentially moral damages) you are seeking.
Step 4: File at the Court of King’s Bench
Before the two-year anniversary of your termination date hits, your Statement of Claim must be officially filed and stamped at the Court of King’s Bench of New Brunswick 🏛. Filing this document legally “stops the clock” on the statute of limitations. Once filed, you can continue negotiating with the employer while the litigation process slowly moves forward.
Comparing Dispute Resolution Forums
Where you choose to fight your battle dictates your deadlines and potential payouts. Here is a comparison of your main options in New Brunswick:
| Legal Forum | Time Limit to File | Potential Payout |
|---|---|---|
| Employment Standards Branch | Generally within 6 months of the incident. | Only enforces the bare minimums (e.g., a few weeks of pay). Cannot award common law severance. |
| Human Rights Commission | 1 year from the date of the discriminatory act. | Awards damages specifically for discrimination (e.g., fired due to disability or pregnancy). |
| Court of King’s Bench | 2 years from the date of termination. | Can award full common law severance (up to 24 months of pay depending on your specific profile). |
How Much Does it Cost in New Brunswick?
Filing a lawsuit is a serious step that carries specific financial costs:
- Court Filing Fees: Simply filing a Statement of Claim at the New Brunswick Court of King’s Bench generally costs around $100 CAD to $150 CAD in administrative fees.
- Lawyer Retainers: To draft a lawsuit and represent you in court, a senior employment lawyer will usually require a retainer of $2,500 CAD to $5,000 CAD upfront, unless they agree to take the case on contingency.
- Process Servers: Serving the lawsuit officially to your former employer’s corporate headquarters usually costs between $75 CAD and $150 CAD.
How Long Does the Process Take?
You have a maximum of 2 years to file the lawsuit. However, once the lawsuit is actually filed, the timeline stretches out. Exchanging documents (Discovery), attending mandatory mediation, and waiting for an available trial date in New Brunswick can easily take 1.5 to 3 years. Fortunately, over 90% of wrongful dismissal claims settle out of court long before a trial happens.
Frequently Asked Questions (FAQ)
Does the 2-year clock stop while we are negotiating?
No, absolutely not. The statute of limitations clock continues to tick even if you and the employer are having very friendly settlement discussions. If the two-year mark is approaching, your lawyer must file the lawsuit to protect your rights, even if you still hope to settle.
What if I was constructively dismissed instead of fired?
In a constructive dismissal (where your employer drastically cuts your pay or creates a toxic environment forcing you to quit), the two-year clock generally starts on the day the fundamental change to your job was made, or the day you felt legally forced to resign. You should consult a lawyer immediately to pinpoint the exact date.
Can I sue if I already signed the severance package?
Usually, no. If you signed a “Full and Final Release” in exchange for severance, you have legally traded away your right to sue. A judge will only overturn a signed release in extremely rare cases involving severe duress, fraud, or a complete lack of mental capacity at the time of signing.
What happens if I miss the 2-year deadline by one day?
The courts are incredibly strict regarding the Limitation of Actions Act. If you attempt to file your Statement of Claim even one day after the two-year anniversary, the employer’s lawyer will immediately file a motion to have your case dismissed, and the judge will almost certainly throw your claim out.
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