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Litigation

Can a contract's own notice requirement create an earlier deadline than the limitation period in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes — a contract can contain its own notice requirement, obligating a party to formally notify the other side of a problem or claim within a specific window, and that contractual deadline can be considerably shorter than Ontario's general two-year limitation period under the Limitations Act, 2002. Missing a contractual notice deadline can bar a claim even where the underlying two-year limitation period from the Act would otherwise still leave plenty of time, since the contractual requirement operates as a separate condition the parties agreed to, on top of, not instead of, the statutory limitation period.

This is a genuine trap for parties who assume the general two-year rule is the only deadline that matters, when the specific contract governing their situation, such as certain commercial agreements, insurance policies, or construction contracts, may impose a much shorter notice obligation as a condition of preserving the right to claim at all. Whether a specific contractual notice provision is fully enforceable can sometimes be contested, but the safer approach is always to comply with any notice requirement in a contract as though it will be strictly enforced, rather than assuming a court will later excuse a missed contractual deadline simply because the general limitation period hadn't yet expired.

Key takeaways

  • A contract's own notice requirement can impose a shorter deadline than the general limitation period.
  • Missing a contractual notice deadline can bar a claim even within the general two-year period.
  • These provisions are common in commercial agreements, insurance policies, and construction contracts.
  • Treat any contractual notice requirement as strictly enforceable rather than assuming it will be excused.
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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