Limitation Period Deadlines:

Question: How do Ontario limitation periods affect my deadline to start a lawsuit?

Answer: In Ontario, limitation periods are statutory deadlines that can bar your right to sue if you start a claim after the time limit runs out, generally two years from the date your claim was discovered under the Limitations Act, 2002, S.O. 2002, c. 24, Sch. B, and the clock can be affected by when you first knew (or reasonably ought to have known) of the injury, loss, cause, and that a proceeding is an appropriate remedy.  Exceptions and other statutes may apply depending on your claim type, so a timely review of dates and facts can prevent your case from being dismissed as statute-barred, and Lynxs Paralegal can help you assess whether you still have time to file or whether a limitation defence may be raised, call (647) 249-6676 for legal guidance from a qualified Ontario paralegal for your situation.

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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.

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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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