Limitation Period Deadlines:

Question:In Ontario, how do limitation periods affect my deadline to sue?

Answer:In Ontario, limitation periods are strict deadlines that determine when you can start a lawsuit, and if you wait too long your right to sue can become “statute barred” under the Limitations Act, 2002, S.O. 2002, Chapter 24, Schedule B, meaning the claim may be dismissed with few exceptions.  Generally, there is a two-year limit from when the claim is “discovered” (often when you first knew you suffered harm, that it was caused by someone’s act or omission, and that a proceeding would be an appropriate way to seek a remedy), but some situations have special rules or can pause or restart timelines.  If you want help assessing discovery dates and applicable exceptions, VP Legal Services & Notary offers paralegal and notary services across Ontario, so you can get practical next steps quickly by calling (437) 286-1499.

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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 VP Legal Services & Notary by phone at: (437) 286-1499 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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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.