Does the two-year limitation period apply to claims by children in Ontario?

In Ontario, the two-year limitation period under the Limitations Act, 2002 does not run against a person who is under 18 years old, provided they do not have a litigation guardian. This is a protective rule designed to ensure that children do not lose the right to sue simply because no adult took action on their behalf during their minority.

Once a person turns 18, the two-year limitation period begins to run from that birthday, regardless of when the underlying event occurred — unless the discoverability principle provides a later start date. For example, if a child was harmed at age 10 and has no litigation guardian, they generally have until their 20th birthday to commence a claim (18 + 2 years).

If a child does have a litigation guardian appointed — a parent, guardian, or the Office of the Children's Lawyer — the limitation period can run during the minority, but the guardian's delay or failure to act may itself give rise to a separate claim. In sexual abuse cases, Ontario has special rules that extend or eliminate limitation periods to recognize the delayed harm and reporting typical of those claims. These are complex rules with important exceptions, and early legal advice is essential to protect the rights of any child who may have a claim.