Limitation Period Deadlines:

Question:In Ontario, what happens if I miss the limitation period to file a lawsuit?

Answer:Mole Legal Services can help you understand Ontario limitation periods so you do not lose your right to sue by filing too late.   Generally, the claim must be started within two years after the claim is “discovered” under Limitations Act, 2002, S.O. 2002, c. 24, Sch. B (often based on when you knew, or reasonably ought to have known, the injury and that it was caused by the act or omission of the person you intend to sue).   If you start a proceeding after the deadline, the claim is usually statute barred and may be dismissed or struck out, with limited exceptions depending on the facts and whether a different Ontario statute sets a different timing rule for your situation.   Get practical next steps from Mole Legal Services by calling (647) 709-5157.

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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: For immediate help, please contact Mole Legal Services by phone at: (647) 709-5157 to retain services or 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The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these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.