Jasper Wildfire Insurance Claims: The Limitation Period Is Approaching and What You Need to Do Now

Apr. 24, 2026

At Virani Law, we have been assisting a number of families affected by the Jasper wildfire, and we wanted to share some guidance around the questions our office is hearing most often as the two-year mark approaches. We know this has been an incredibly difficult time. Losing your home is one of the most stressful experiences a person can go through, and the insurance process that follows can feel overwhelming on top of everything else.

This article is meant to help you understand an important legal deadline that is coming up, what your options are, and what steps you should be considering. We are aware that some insurers have already agreed to extend the deadline, and we will touch on that below, but every situation is different. Every policy, every insurer, and every claim has its own circumstances. It is important that you understand your own rights under your own policy and do not rely on assumptions about what others may have received.

The Limitation Period: What It Is and When It Falls

Under Section 526 of the Alberta Insurance Act, an action against an insurer must be commenced no later than two years after the date the insured knew or ought to have known that the loss or damage occurred. The Jasper evacuation order was issued on July 22, 2024, and the fire destroyed or damaged structures over the days that followed. Depending on the circumstances of your individual loss, the two-year deadline will likely fall between July 22 and July 24, 2026.

This does not mean you need to have your claim fully settled by that date. It means that if your claim is not resolved and you have not taken steps to protect your legal rights, you could lose the ability to take legal action against your insurer. The deadline runs regardless of whether negotiations are ongoing. If it passes while you are still in discussions with your adjuster, you may find yourself without any legal recourse if those discussions break down.

One thing we want to flag early in this article, because we believe it is being widely underestimated, is the importance of a Proof of Loss. Before you can file a lawsuit against your insurer, you are required under the Alberta Insurance Act to have filed a Proof of Loss. This is a detailed, sworn document, and preparing one properly can take weeks or even months. We cover this in more detail below, but if you take one thing from this article, it should be this: do not wait until the last minute to start working on your Proof of Loss.

Options for Extending the Limitation Period

Filing a lawsuit may feel like an aggressive step, especially if your relationship with your insurer has been relatively cooperative. The good news is that there are ways to extend the limitation period without immediately starting court proceedings. These extensions are voluntary, but we have seen both of the following approaches used in the Jasper context.

Tolling Agreements

A tolling agreement is an arrangement between you and your insurer that sets a new, specific deadline for commencing legal action. The insurer agrees not to raise the expiry of the original limitation period as a defence, provided any lawsuit is filed before the new agreed-upon date.

For example, some Jasper wildfire insurers have agreed to push the limitation deadline by one year, to July 2027. This gives both sides a clear, defined extension with a fixed end date. The insurer may also agree to a shorter extension, depending on the circumstances of your claim.

A tolling agreement does not need to be a formally negotiated contract signed by both sides. If your insurer has sent you a letter or written communication that clearly sets out a new deadline and confirms they will not enforce the original limitation period before that date, that can constitute a tolling agreement. The important thing is that the terms are clear and in writing, including the specific extended deadline and which claims are covered.

Standstill Agreements

A standstill agreement takes a different approach. Rather than setting a new fixed deadline, a standstill agreement suspends the limitation period indefinitely. The limitation remains suspended for as long as the agreement is in place, and either party can end the standstill by providing written notice, typically with 30, 60, or 90 days’ notice depending on the terms.

This means that as long as the standstill is in effect, neither side needs to worry about the deadline. If either party decides they want to move toward litigation, they provide the agreed-upon notice, and the other side then has that notice period to take any necessary steps, including filing a Statement of Claim if needed.

The open-ended nature of a standstill can be particularly useful in complex claims where the timeline for resolution is genuinely uncertain, which describes many Jasper wildfire claims where rebuilding timelines and costs are still being determined.

As with tolling agreements, a standstill does not require a formal contract. A clear written communication from your insurer confirming the standstill terms and notice period is sufficient. Make sure you have it documented and that you understand the notice period that applies.

What We Are Seeing from Jasper Wildfire Insurers

At Virani Law, we have been actively advocating on behalf of Jasper wildfire policyholders for extensions to the limitation period. From our understanding, and while each case is unique, Intact Insurance has generally been willing to extend the limitation period. We have also seen Peace Hills Insurance extend limitation periods in some situations.

However, it is critically important that you do not assume your limitation period has been extended simply because another policyholder received an extension. Each case is assessed individually. An extension does not apply to your claim until you have received written confirmation specific to your file. Do not rely on word of mouth or general announcements. Get it in writing for your specific claim.

We have not yet received confirmation from all insurers operating in the Jasper area regarding their approach to extensions. If you are insured by a carrier other than those mentioned above, it is especially important that you take steps to protect your rights.

If You Cannot Get an Extension: Proof of Loss and Statement of Claim

If your insurer will not agree to an extension, or if you have not been able to get confirmation in time, you will need to take two steps before the deadline to protect your legal rights: filing a Proof of Loss and filing a Statement of Claim. Even if you do have an extension, understanding these requirements is important, because you will likely need to complete both at some point in your claim.

Proof of Loss

A Proof of Loss is a formal, sworn document that sets out the details of your claim. Under Alberta’s statutory conditions for property insurance, filing a Proof of Loss is a prerequisite to bringing a legal action against your insurer. If you have not filed one, you may not be able to commence a lawsuit, even if the limitation period has not yet expired.

What a Proof of Loss really requires you to do is quantify the entirety of your claim. This means putting a dollar figure on everything you have lost or are owed, across every area of your coverage. The Alberta Insurance Act requires the document to be verified by a statutory declaration and to include:

The full cost of repairing or rebuilding the structure of your home, including any code or bylaw upgrades required. This may involve obtaining contractor estimates, engineering assessments, and accounting for current construction costs in the Jasper area.
A complete inventory of your personal contents that were damaged or destroyed, showing quantities and the cost of each item. This is often the most time-consuming part of the process, as it requires you to account for the contents of every room in your home.
A calculation of your additional living expenses, including what you have spent to date on temporary accommodations, food above your usual costs, transportation, storage, and other displacement-related expenses, as well as a reasonable estimate of future expenses if you are still displaced.
The date and cause of the loss, a statement confirming the loss did not occur through any wilful act or neglect, your interest in the property, details of any mortgages or encumbrances, and any changes to the property since the policy was issued.

Difficulty

This is where people often struggle. Quantifying a total or near-total loss across structure, contents, and additional living expenses is an enormous task. It is very difficult when rebuild prices are changing or you may not know how long you will be renting a home for. If certain aspects of your claim are still being assessed, an interim Proof of Loss can be filed while you continue to finalize the numbers, but a final version will be required before a lawsuit can proceed.

Filling out this document incorrectly can have a significant impact on your claim. Courts have held that compliance with the Proof of Loss requirement is a precondition to commencing an action. If you file a Statement of Claim without having first delivered a proper Proof of Loss, your insurer may argue that your action is premature or that you have not met the conditions required to sue under the policy.

Statement of Claim

A Statement of Claim is the document that formally starts a lawsuit. Filing one is how you commence legal action against your insurer within the limitation period.

Filing a Statement of Claim does not mean your case will go to trial. The vast majority of insurance disputes settle after a claim is filed. But filing protects your right to pursue legal action if negotiations do not result in a fair outcome. You can continue to negotiate with your insurer after the claim is filed. The two processes happen at the same time.

What You Should Do Right Now

If you are a Jasper wildfire policyholder with an unresolved insurance claim, here is what we recommend.

Check your limitation date and whether you have an extension. If you have received a tolling or standstill agreement from your insurer, review it carefully to confirm the extended deadline or notice terms. If you have not received anything in writing, do not assume an extension is in place.
Contact your insurer about an extension. If you have not already done so, ask your insurer in writing whether they will agree to extend the limitation period, either through a tolling agreement or a standstill agreement. If they agree, make sure you have the terms in writing and that you understand the deadline or notice period that applies.
Work to quantify your claim and prepare your Proof of Loss. Whether or not you have an extension, you should be actively working to quantify the full extent of your losses across structure, contents, and additional living expenses. Your goal should be to reach a stage where you are able to submit either an interim or a final Proof of Loss. This is a significant undertaking that takes time and attention to detail, and a final version will be required before a lawsuit can be filed.
File a Statement of Claim if you need to. If your insurer will not agree to an extension, or if you cannot get confirmation in time, filing a Statement of Claim before the deadline is the safest way to preserve your rights. Filing does not end negotiations. It simply protects your position.
Reach out for help now, not later. It can take a couple of months to prepare a Proof of Loss and a Statement of Claim correctly. The importance of accuracy in these documents cannot be understated. A Proof of Loss that is incomplete or contains errors can have a significant impact on your claim, and a Statement of Claim needs to properly reflect your losses and legal position. If you do not have a limitation extension in place, the time to reach out for professional assistance is now, not when the deadline is days away.

How Virani Law Can Help

Our firm has been working with Jasper wildfire families since shortly after the fire. We understand the challenges of rebuilding in Jasper, the complexities of the claims process, and the frustration of dealing with unresolved insurance disputes while your life is still on hold.

We also know that the toll of a loss like this goes beyond the financial. The stress, the uncertainty, and the emotional weight of displacement affect the whole family. That is why every client we represent receives access to free therapy, a service our firm pays for, so that your well-being is being looked after while we advocate on the claim side.

Whether you need help quantifying your claim, preparing a Proof of Loss, negotiating an extension, or filing a Statement of Claim to protect your rights before the deadline, we are here to help.

If you have questions about your Jasper wildfire claim and the approaching deadline, give us a call. We offer a free initial consultation, and our team can help you understand where your claim stands and what steps you should take next. Your claim is too important to let a deadline pass without taking action.

Fy Virani | Founding Partner