Limitation Period Deadlines:

Question: What is the limitation period in Ontario for most lawsuits, and when does the two-year clock start running?

Answer: ?

Answer: In Ontario, most claims have a two-year limitation period under Limitations Act, 2002, S.O. 2002, c. 24, which means a claim generally must be commenced within two years after it is “discovered” If the deadline passes, the right to sue can become statute barred and the case may be dismissed or struck out, with some exceptions and different rules for particular types of claims The two-year clock typically starts when you first knew (or a reasonable person would have known) of the injury or loss, what caused it, that it was caused by the other party’s act or omission, and that a proceeding would be an appropriate way to seek a remedy If you’re unsure when your limitation period started, Paladin LLP can help you assess key dates and next steps as a paralegal in Ontario Call (289) 925-1572 for guidance on your situation and to protect your legal options promptly.

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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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