Limitation Period Deadlines:

Question: What is the limitation period to sue in Ontario, and how can Thamar Bilingual Legal Services Ontario (Bilingual Paralegal Services, English, Français) help me make sure I file on time in Ontario?

Answer: In Ontario, you generally have two years from when your claim is “discovered” to start a lawsuit under Limitations Act, 2002, S.O. 2002, c. 24, Sch. B, with discovery rules that can start the clock based on what you knew or reasonably ought to have known about the injury, loss or damage and who caused it.   If you’re at risk of missing the deadline, Thamar Bilingual Legal Services Ontario offers bilingual Paralegal Services (English, Français) across Ontario and can help you understand when the clock starts, identify deadlines that may apply to your situation, and prepare next steps so you can move quickly.   Call (647) 818-7974 to discuss your matter and review your timeline.

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.

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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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.