Limitation Period Deadlines:

Question:How do limitation periods work in Ontario, and what happens if I start a lawsuit after the deadline?

Answer:Limitation periods in Ontario are court-filing deadlines that restrict when you can start a claim, so if you wait too long your right to sue can become barred and the case may be dismissed as time-barred.  Under the Limitations Act, 2002, S.O. 2002, Chapter 24, Schedule B, the general limit is two (2) years from when the claim is “discovered,” which is usually the day you knew (or ought to have known) the injury or loss, that it was caused by the other party, and that suing is an appropriate remedy; there are also exceptions and special statutes for certain claim types.  Access Ontario Legal Services can help you review your timeline and determine your next steps with a paralegal focused on practical, deadline-aware guidance, so call (905) 302-1851 now to get started.

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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 Access Ontario Legal Services by phone at: (905) 302-1851 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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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.