TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Buying & Selling a Business/Does the clock for suing…
Buying & Selling a Business

Does the clock for suing restart if I only discover a second, separate problem later?

TSL Written by the Treadstone Law team· Updated August 2026

Not in the sense of reviving an old, already-expired claim, but a genuinely new problem generally does start its own fresh clock. Each distinct claim or cause of action is typically assessed on its own discovery date, both under Ontario's general limitation law and under whatever survival period applies to the specific representation involved — discovering a second, unrelated problem later doesn't retroactively revive a claim about the first problem if that one is already out of time.

What it does mean is that the second problem gets evaluated independently, on its own facts: when it arose, when it was discovered or reasonably should have been, and which specific representation or covenant it ties back to in the purchase agreement. If the two problems are actually connected — the same underlying misrepresentation surfacing in two different ways, for instance — that connection can matter to how they're characterized, so it's worth having both assessed together rather than treating the second discovery in isolation from the first.

Key takeaways

  • A new, separate problem generally starts its own limitation and survival-period clock.
  • It doesn't retroactively revive an already-expired claim about the earlier problem.
  • Each problem is assessed on its own discovery date and its own representation.
  • If the two problems are actually connected, have them assessed together, not in isolation.
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 business lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →