Why a payment promise may affect a limitation period

A customer's promise to pay can matter when an invoice is approaching a limitation deadline. Ontario's Limitations Act, 2002 contains rules about qualifying acknowledgments of liability and part payments made before the applicable period expires. The wording, signature, recipient, timing, and nature of the debt require careful review.

Keep the complete message and proof of any payment. A vague statement such as an intention to investigate the account may differ from an acknowledgment of a specific debt. Do not calculate a new deadline from every email or assume a late promise revives an expired claim. Have the original due dates and communications assessed together. This is particularly important where a long account contains several invoices with different histories.

Create an invoice-by-invoice schedule showing the original obligation, due date, disputed events, later communications, and payments. Save messages in their complete form, including sender details and attachments. A bookkeeper's account note recording a telephone conversation is different evidence from a signed communication by the debtor. Likewise, a payment may relate to only one item in a running account. The connection between the statement or payment and the particular debt must be understood before any new limitation date is proposed.

Do not use an acknowledgment strategy as a reason to postpone a necessary filing. There may be questions about who had authority to speak, whether the wording admits liability, and whether the communication arrived in time. A settlement discussion can also raise issues requiring separate assessment. Ask for the original limitation analysis and the effect of any later event to be recorded clearly. Where the position is uncertain, timely advice should focus on preserving the claim through the proper process rather than relying on an informal assurance.

Sources

• Limitations Act 2002 particularly sections 4 5 and 13

Read next: Personal loans and repayment disputes in Ontario

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article 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.