How long do I have to start a lawsuit in Ontario for a civil claim?
In Ontario, the Limitations Act, 2002 sets out the rules for how long you have to start a civil lawsuit. The general limitation period is two years from the date you discovered — or ought to have discovered — that you had a claim. "Discovery" means you knew or reasonably should have known that the harm occurred, that the other party caused it, and that litigation would be an appropriate remedy.
The two-year period applies to most common civil claims, including contract disputes, debt recovery, personal injury, and property damage. However, there are exceptions. Some claims have different limitation periods set by specific statutes. Claims against a municipality for personal injury typically require notice within a shorter period. Real property claims may have a longer ultimate limitation period.
Ontario also has an "ultimate limitation period" of fifteen years from the date the act or omission occurred, regardless of when it was discovered. Even if you only discovered the harm recently, this ultimate period places an outer boundary on when you can sue.
If you are unsure when your limitation period started or whether an exception applies, get legal advice promptly. Missing a limitation period generally means losing your right to sue, and courts rarely grant extensions.
Key takeaways
- The general limitation period for civil claims in Ontario is two years from discovery.
- Discovery means when you knew or ought to have known about the claim.
- Some claims have different limitation periods set by specific statutes.
- An ultimate fifteen-year cap applies regardless of when harm was discovered.