Ontario Limitation Periods: The Deadlines You Cannot Miss
A limitation period is a strict legal deadline. If you don't start a court proceeding within the limitation period, you permanently lose the right to sue — no matter how strong your case is. In Ontario, the Limitations Act, 2002 governs most civil claims, and the consequences of missing a deadline are devastating.
The Basic 2-Year Limitation Period
Ontario's general rule: a claim must be commenced within 2 years of the day the claim was discovered.
A claim is discovered on the earlier of:
- The day the person first knew about the injury/loss, who caused it, and that a legal proceeding would be appropriate
- The day a reasonable person in the same circumstances ought to have known these facts (the "reasonable discoverability" standard)
You cannot avoid the limitation period by claiming you didn't know you had a legal claim — if the facts were knowable, the clock starts running.
The Ultimate 15-Year Limitation Period
Regardless of discoverability, no proceeding may be brought after 15 years from the day the act or omission occurred. This ultimate period is absolute — it applies even if the claim was never discovered.
Key Exceptions
| Claim Type | Limitation Period |
|---|---|
| Minors (under 18) | 2-year period does not run until age 18 — a child who was injured at age 5 has until age 20 to sue |
| Persons with incapacity | Period suspended during incapacity if no litigation guardian |
| Sexual assault | No limitation period — claims can be brought at any time |
| Assault / battery in intimate relationships | No limitation period if claimant was in an intimate relationship with respondent |
| Environmental claims | Different periods under environmental legislation may apply |
| Government claims | Often requires prior notice within shorter periods (e.g., 10 days for municipal road/sidewalk claims under the Municipal Act) |
Claims Outside the Limitations Act
Some claims have their own specific deadlines not governed by the 2-year rule:
- Employment Standards Act complaints: 2 years from the act/omission (MOL)
- Human Rights Code (HRTO): 1 year from the last discriminatory act
- WSIB claims: 6 months from the accident
- ODSP appeals: 30 days (internal review); 90 days (Social Benefits Tribunal)
- CPP Disability reconsideration: 90 days from denial letter
- LTB applications: Varies by application type (1 year for many)
Limitation Periods and Demand Letters
Sending or receiving a demand letter does not stop the limitation period clock. Neither does negotiation, mediation, or an agreement to settle "in principle." Only commencing a court or tribunal proceeding stops the clock.
Worried about a deadline? The time to act is now — not after you confirm a lawyer is available.
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