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Litigation

Does fraud or deliberate concealment by the other party pause Ontario's limitation period?

TSL Written by the Treadstone Law team· Updated August 2026

Deliberate fraud or concealment doesn't so much "pause" the limitation clock as delay when it starts in the first place, through Ontario's discoverability rule under the Limitations Act, 2002. Since the two-year period generally runs from when a claim was discovered, or reasonably should have been discovered, a defendant who actively conceals wrongdoing, or misrepresents facts specifically to prevent a claimant from realizing they have a claim, can genuinely delay the point at which discovery is considered to have reasonably occurred, sometimes well beyond when the underlying conduct actually took place.

This isn't a separate rule so much as an application of ordinary discoverability principles to an especially difficult factual situation: a court asks not just what the claimant actually knew, but what they could reasonably have discovered given that the other party was actively working to prevent discovery. This can meaningfully extend how long a claimant effectively has, since it would be unfair to expect someone to have discovered something a defendant was deliberately hiding through active efforts to prevent exactly that. Because these situations often become genuinely disputed on the facts, claimants who suspect they were deliberately misled about something relevant to a potential claim should document how and when they eventually learned the truth.

Key takeaways

  • Fraud or concealment generally delays when discovery is found to have occurred, not a separate pause.
  • Courts consider what a claimant could reasonably discover given active efforts to hide the truth.
  • This can meaningfully extend the effective limitation period in genuinely concealed situations.
  • Document exactly how and when the truth eventually came to light if concealment is suspected.
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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