Limitation Period Deadlines:

Question: In Ontario, how do limitation periods affect when I can start a lawsuit?

Answer: In Ontario, limitation periods are the firm deadlines for starting a claim, and if you wait too long your right to sue can be barred for good. Under Limitations Act, 2002, S.O. 2002, c. 24, Sch. B, the general rule is a 2-year period from when the claim is “discovered,” meaning the earlier of when you first knew the key facts or when a reasonable person in your position ought to have known them, with some exceptions depending on the type of claim and whether another statute applies.   If you are approaching a deadline or are unsure when it started, contact PKM Legal Services for practical guidance on limitation deadlines and next steps; call (519) 410-5250 today.

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Limitation Periods Are Deadlines Upon the Right to Sue

What are known as limitation periods are merely the time limits that restrict when legal proceedings may be commenced.  Wait too long and the right to start a lawsuit is lost.  In Ontario, the Limitations Act, 2002, S.O. 2002, Chapter 24, Schedule B, provides a general limitation period of two (2) years, with some exceptions, after which a right of action, meaning the legal right to sue, will expire and be lost forever.

Note: Please contact PKM Legal Services by phone at: (519) 410-5250 to discuss any specific questions that you may have.

The Law

The Limitations Act, 2002, statutorily prescribes a two-year limitation period within which a lawsuit must be brought or the right to commence a lawsuit may subsequently become barred whereas it is said:

The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these statutes directly address certain types of matters where limitation periods specific to those matters are defined.  The primary purpose of limitation periods is to provide peace to potential defendants whereby upon expiry of the time limit, a potential defendant may rest knowing the risk and fear of lawsuit is relinquished and any right of action has become stale or lapsed.  Accordingly, the need to hang onto potential evidence is relieved, and retained legal representation may be discharged.  Essentially, the potential defendant is relieved of further worry or concern whereas once a limitation period has expired, the right to bring legal action is statute barred, meaning forbidden.  If a legal action is commenced outside this period, then the action will likely be struck down as there are few exceptions to limitations rules.