Limitation Periods in Ontario: How Much Time Do You Have to Sue?

A limitation period is the deadline by which you must commence a lawsuit. Miss it and you may permanently lose your right to sue — regardless of how strong your claim is. Understanding limitation periods is one of the most important aspects of civil litigation in Ontario.

The Basic Limitation Period: 2 Years

Ontario's Limitations Act, 2002 establishes a basic limitation period of 2 years. The clock starts running on the date you discovered — or ought to have discovered — the claim. Discovery typically means when you knew:

• That you suffered harm or loss
• That the harm was caused by an act or omission
• That the person who caused the harm can be identified
• That a legal proceeding would be an appropriate means to remedy the injury

The Ultimate Limitation Period: 15 Years

Regardless of when you discover a claim, Ontario imposes an ultimate limitation period of 15 years from the date the act or omission occurred. This caps even claims you discover late.

When Does the Clock Start?

This is often the most contested issue. For common claims:

• Contract breach: Generally when the breach occurred or when you became aware of it
• Debt collection: When payment was due and not made
• Property damage: When the damage occurred or was discovered
• Professional negligence: Often from when you discovered the negligence, not when it occurred
• Defamation: From the date of publication

Exceptions and Extensions

The limitation period may be suspended or extended in certain circumstances:

• The potential defendant is a minor or has a disability
• The claim is based on fraud or concealment
• The parties have agreed in writing to extend the limitation period
• Certain claims against government (notice periods may apply)

Don't Wait

If you believe you have a civil claim in Ontario, consult a lawyer sooner rather than later. Gathering evidence, locating witnesses, and building a strong case all take time. Running out of limitation time while still gathering information puts you in an impossible position. A brief consultation now can save your right to pursue a valid claim later.