Limitation Periods in Ontario: A Plain-Language Guide
A limitation period is a deadline for starting a legal claim. If you miss it, the other side can ask the court to dismiss your claim, however strong it may be. Ontario's Limitations Act, 2002 sets the main rules, and many other laws have their own shorter deadlines.
- Most civil claims must be started within two years of when the claim was discovered.
- There is also an outer limit: generally no claim after 15 years from the act or omission.
- Some claims have different deadlines, including 10-day and 60-day notice requirements and a one-year limit for a Human Rights Tribunal application.
- The clock can pause for minors and for people who are incapable of starting a claim, but it is risky to count on it.
The basic rule
The Act says a claim cannot be started after the second anniversary of the day it was discovered. A claim is discovered when you knew, or a reasonable person in your position would have known, that you suffered a loss, that the other person caused it, and that going to court would be an appropriate way to deal with it. If there is no other information, the claim is presumed discovered on the day the act or omission took place.
The 15-year limit
Separately, no claim can be started more than 15 years after the act or omission it is based on, even if you only learned of it later. There are exceptions, for example where the other side hid the claim.
Special deadlines to know
- Municipal road and sidewalk injuries: written notice within 10 days of the injury is required, with limited relief for late notice.
- Claims against the Crown: notice must be served at least 60 days before starting the claim.
- Slip and fall injuries from snow or ice on private property: a short written notice requirement applies.
- Human Rights Tribunal applications: generally one year from the incident.
- Employment Standards Act claims: generally two years from when the entitlement arose.
- WSIB and statutory accident benefits disputes: each has its own time limits, from six months to two years.
- Provincial offences: often six months from the offence, unless the statute sets another period.
What can pause or change the clock
- A person who is a minor, or who is incapable and has no litigation guardian, generally gets extra time.
- Acknowledging a debt in writing or making a payment can restart the period for a debt claim.
- Business agreements may, in some cases, change the limitation period by agreement.
- There is no limitation period for some claims, such as certain sexual assault claims.
If you are near the deadline
- Count from the earliest date you could have discovered the claim, not the latest.
- Do not wait for settlement talks. They do not stop the clock unless you have a signed agreement that says so.
- File the claim, then continue to negotiate. Starting the claim stops the period.
- If you are not sure, treat the earlier date as the deadline, and get advice immediately.
Common questions
Does sending a demand letter stop the limitation period?
No. Only starting a proceeding, or a valid agreement to extend, does.
Is a debt ever too old to collect?
A claim for a debt generally has to be brought within two years of the day it could first have been sued on, subject to restarts by payments or acknowledgements. Check before relying on it either way.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
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