Limitation Period Deadlines:

Question: In Ontario, how long do I have to sue under the Limitations Act, 2002?

Answer: Anderson Aylwin Begg & Co. can help Ontario clients understand limitation periods, which are deadline dates for starting a court proceeding, and the general rule is a two-year limitation period that starts when the claim is discovered (often when you first know the injury, that it was caused by the other party, and that a proceeding is an appropriate remedy);  the Limitations Act, 2002 is also subject to exceptions and may be overridden by other statutes depending on your claim; if you think you may be close to the deadline, contact Anderson Aylwin Begg & Co.’s paralegal team at (905) 686-8080 to review your facts and help assess whether your claim could be statute 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 Anderson Aylwin Begg & Co. by phone at: (905) 686-8080 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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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.