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Litigation

When does the two-year limitation period start to run in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

In Ontario, the two-year limitation period under the Limitations Act, 2002 does not automatically begin on the date of the alleged wrong. It starts on the date the claim was "discovered" — meaning the earliest date on which a person knew, or ought reasonably to have known, four things: that the injury, loss, or damage occurred; that it was caused by or contributed to by an act or omission; that the act or omission was that of the person you want to sue; and that a court proceeding would be an appropriate way to seek a remedy.

This discoverability principle protects claimants who had no realistic way of knowing they had a legal claim right away. For example, if you were harmed by a product defect that was not reasonably detectable for several months, your two-year clock likely starts when you discovered (or a reasonable person in your position would have discovered) the connection between the defect and your harm — not on the date of purchase.

Courts apply an objective standard: they ask when a reasonable person with your background and circumstances would have discovered the claim. Waiting to confirm you have a strong case, or delaying while hoping to resolve things informally, does not stop the clock. If in doubt about whether your claim is still within time, speak with a lawyer promptly — the cost of missing a limitation period is permanent loss of the right to sue.

Key takeaways

  • The clock starts when you knew or reasonably should have known all four discoverability elements.
  • The discovery principle protects claimants who had no early reason to know they had a claim.
  • Courts use an objective standard — what a reasonable person would have discovered.
  • Informally trying to resolve a dispute does not pause the limitation period.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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