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Litigation

Is there a different limitation period for suing an Ontario government body?

TSL Written by the Treadstone Law team· Updated June 2026

Yes, there are special procedural requirements when suing Ontario government bodies that go beyond the standard two-year limitation period under the Limitations Act, 2002. Under the Public Authorities Protection Act and specific procedural provisions for different government entities, there may be notice requirements and shorter timelines that apply before a lawsuit can be started.

For personal injury claims against a municipality under the Municipal Act, for example, Ontario law requires that written notice of the claim be provided to the municipality within a specific period after the incident. Failing to give proper notice can bar your claim entirely, separate from the standard limitation period. The notice requirement is a strict procedural condition that courts take seriously.

For claims against the provincial Crown (the Government of Ontario), the Proceedings Against the Crown Act governs. Claims against the federal Crown are subject to federal legislation. In both cases, specific procedural rules apply in addition to limitation periods. Given the complexity of these rules and the potentially severe consequences of missing a notice deadline, it is important to consult a lawyer as early as possible if you believe you have a claim against any government body. Missing a notice requirement can permanently extinguish your right to sue even if the standard limitation period has not expired.

Key takeaways

  • Government claims have notice requirements in addition to limitation periods.
  • Municipal Act claims require written notice to the municipality within a set period of injury.
  • Claims against provincial and federal Crown are governed by separate statutes.
  • Consult a lawyer immediately if you think you have a claim against a government body.
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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