What is a limitation period and how does it affect my ability to sue in Ontario?

A limitation period is a legal deadline by which you must start a court proceeding. If you miss it, you generally lose the right to sue — even if your claim is otherwise valid. In Ontario, the basic limitation period under the Limitations Act, 2002 is two years from the date you discovered (or ought to have discovered) that a claim existed.

Some claims have different limitation periods. For example, claims against the provincial government, certain construction claims, and actions involving minors have their own rules. The two-year clock does not always start on the date of the harmful event — it starts when you knew or reasonably should have known that you had a claim against a specific person.

There is also an absolute 15-year limitation period that applies regardless of when you discovered the claim. Because these rules can be complicated, and because missing a limitation period is usually fatal to your case, it is important to speak with a litigation lawyer as soon as you think you may have a claim.