Limitation Period Deadlines:

Question: In Ontario, how long do I have to file a lawsuit after I discover an injury or loss?

Answer: In Ontario, most civil claims are subject to a general two-year limitation period under the Limitations Act, 2002, S.O. 2002, c. 24, Sch. B, meaning you generally must start a proceeding within two years of when the claim is “discovered” or your right to sue can be barred forever.  Discovery usually happens on the earlier of the day you first knew the injury and that it was caused by the defendant’s act or omission, or the day a reasonable person in your position ought to have known those facts, and there are exceptions that can extend or pause the deadline.  To avoid missing a filing deadline, Wennekers.Legal™ can review your situation and help you confirm the limitation period that may apply to your claim—call (647) 701-1162 for professional legal services across Ontario.

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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 Wennekers.Legal™ by phone at: (647) 701-1162 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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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.