What Is the Deadline to Make a Property Claim After a Common-Law Breakup in Ontario?

It depends on the claim. There is no limitation period for a proceeding to obtain support under the Family Law Act, or to enforce a support provision in a contract or agreement that could be filed under s. 35 of that Act. A property-contribution claim between former partners may fall under the basic two-year limitation period in the Limitations Act, 2002, which runs from the day the claim was discovered, but which period applies can depend on the facts, so it is worth confirming with a lawyer.

Which period applies to a claim based on contributions to a partner's property can depend on the facts, so it is safest not to assume you have more time. A support claim also needs a footing: you must qualify as a spouse, which for unmarried partners generally means cohabiting continuously for at least three years, or a relationship of some permanence with a child together. Waiting can make a claim harder to prove, because records fade and circumstances change.

Because the basic period runs from when the claim was discovered, pinpointing that date can matter. A lawyer can confirm which deadline applies to you, ideally soon after separation.