Limitation Period Deadlines:

Question: What is the limitation period to sue in Ontario, and when does it start running?

Answer: In Ontario, Benchmark Legal Offices can help you understand limitation periods so you do not miss the deadline to start a claim; as a general rule under the Limitations Act, 2002, S.O. 2002, c. 24, Schedule B, a proceeding must not be commenced after the second anniversary of the day the claim was “discovered” (  ). Discovery usually begins when you first knew, or a reasonable person in your situation ought to have known, that an injury, loss, or damage occurred, that it was caused by or contributed to by the defendant’s act or omission, and that a proceeding would be an appropriate way to seek a remedy (  ). There are some exceptions and other Ontario statutes can create different limitation rules for certain types of claims (  ). If you are unsure when your clock started or whether an exception might apply, call (289) 389-8840 to speak with a lawyer & paralegal office at Benchmark Legal Offices in Ontario promptly so your rights are protected.

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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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