How long do I have to sue for breach of contract in Ontario?
In Ontario, the general limitation period for a breach-of-contract claim is two years from the date you discovered — or reasonably ought to have discovered — the breach. This is set out in the Limitations Act, 2002. Once those two years pass, you normally lose the right to sue regardless of how strong your case is.
The "discovery" element matters. If the breach was hidden or not reasonably apparent, the clock may start later than the actual breach date. However, there is also an ultimate limitation period of fifteen years from the date the act or omission occurred, which cuts off claims no matter when they were discovered.
Some contracts contain their own limitation provisions that shorten the window — these are generally enforceable in Ontario if they are clear. Certain types of claims (for example, those against municipalities or in relation to construction) have different rules.
Because the discovery date can be contested and the consequences of missing the deadline are severe, it is worth speaking with a litigation lawyer as soon as you believe a breach has occurred.
Key takeaways
- The general rule is two years from discovery of the breach.
- An ultimate limit of fifteen years runs from the date of the act itself.
- Contractual limitation clauses can shorten this window.
- Missing the deadline typically extinguishes your right to sue.