How long do I have to sue someone in Ontario after something goes wrong?
The basic limitation period in Ontario is two years from the day the claim was discovered, with an ultimate fifteen-year bar and a number of statutory exceptions.
The Limitations Act, 2002 sets a basic limitation period of two years running from the day the claim was discovered. Discovery is not simply the date of the loss: the clock starts when the claimant knew, or a reasonable person ought to have known, that the injury or loss occurred, that it was caused by an act or omission of the defendant, and that a proceeding would be an appropriate means to seek a remedy.
There is also an ultimate limitation period of fifteen years from the day the act or omission took place, regardless of discovery.
Exceptions matter. Claims against municipalities require notice within ten days, real property claims can fall under the Real Property Limitations Act, and some statutes and contracts impose shorter periods. Missing a limitation period is fatal to the claim, so calculate it at the outset — not when you are ready to sue.
Source: Limitations Act, 2002, S.O. 2002, c. 24, Sch. B
This work is handled by Arjun Vishwanth (Civil litigation). Read more about civil litigation at VK Law Group, or send us the facts and we will tell you where you stand.
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