Limitation Period Deadlines:

Question: In Ontario, how do limitation periods work and when do I need to start a lawsuit?

Answer: Forseti Legal Services can help you understand Ontario’s limitation periods so you don’t miss the deadline to start your claim:  under the Limitations Act, 2002, S.O. 2002, c. 24, Sch. B, many claims must be commenced within two (2) years after the claim is “discovered” (usually when you knew, or a reasonable person would have known, about the injury and that it was caused by the acts or omissions of the person you plan to sue), and the right to sue can become barred forever once that time passes;  exceptions and other statute timelines may apply depending on the type of claim, so calling (705) 806-7577 for a quick paralegal-led legal options review can help you determine your correct deadline and next steps.

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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 Forseti Legal Services by phone at: (705) 806-7577 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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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.