Is there a different limitation period for tort claims versus contract claims in Ontario?

In Ontario, both tort claims (such as negligence, nuisance, or defamation) and contract claims are generally subject to the same two-year basic limitation period and 15-year ultimate limitation period under the Limitations Act, 2002. There is no blanket separate limitation period for torts versus contracts — the key variables are the date of discovery and whether any special rules apply to the specific type of claim.

That said, there are important nuances. Defamation claims must generally be commenced within two years, but defamation cases can involve complex discovery questions about when the claimant knew or ought to have known about the publication. Claims for fraud or fraudulent misrepresentation may benefit from a later discovery date if the fraud was concealed. Some tort claims against government bodies are subject to the special notice requirements discussed in separate answers.

When a dispute involves both tort and contract elements — for example, a contractor who does shoddy work may be liable in both breach of contract and negligence — the claims run concurrently and you cannot extend your window by framing one as contract when the tort limitation has expired. Courts look at the substance of the claim, not just how it is labelled. If you are unsure which limitation period applies to your specific situation, speak with a lawyer promptly rather than assuming you have more time than you do.