Limitation Period Deadlines:

Question:If I think I have a legal claim in Ontario, how do limitation periods affect my deadline to start a lawsuit?

Answer:In Ontario, limitation periods are deadline time limits that control when you can start a proceeding, and if you wait too long your right to sue can expire and become statute barred under the Limitations Act, 2002, S.O. 2002, Chapter 24, Schedule B, including the general rule that a proceeding must not be commenced after the second anniversary of the day the claim was discovered (    Limitations Act, 2002, S.O. 2002, c. 24, Sch. B).  Under that law, a claim is “discovered” on the earlier of when you first knew the injury, loss, its cause, the person responsible, and that a proceeding would be an appropriate way to seek a remedy, or when a reasonable person in your circumstances first ought to have known those things.  Exceptions and different limitation rules can apply for certain types of claims, so it is important to get advice early to preserve your options.  For guidance from a Lawyer & Paralegal’s office serving Ontario, contact Benchmark Legal Offices at (289) 389-8840 to review your dates, evidence, and whether your matter may be at risk of being time-barred.

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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 Benchmark Legal Offices by phone at: (289) 389-8840 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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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.