Can a limitation period be paused or extended in Ontario?

In Ontario, the Limitations Act, 2002 contains several provisions that can pause (or "toll") a limitation period, preventing time from running against a claimant in certain circumstances.

The most significant tolling provisions are for minors and incapable persons. As discussed, the two-year period does not run against a person under 18 who has no litigation guardian, or against a person who is incapable of managing their affairs and has no litigation guardian. The limitation period only begins (or resumes) when the disability ends or a litigation guardian is appointed.

The parties can also agree in writing to extend or toll a limitation period, and such agreements are enforceable under the Act. This is sometimes used when parties are actively negotiating and wish to hold off litigation while they attempt to resolve the dispute — though in practice relying on informal agreements to suspend the clock is risky and any tolling agreement should be explicit and in writing.

There is no general tolling provision in Ontario simply because the parties are in active settlement discussions, participating in mediation, or because you had no lawyer. Courts regularly dismiss claims on limitations grounds even when the parties were engaged in productive settlement talks, because the defendant had a reasonable expectation that the matter was resolved. Do not wait for negotiations to fail before consulting a lawyer about your limitation deadline.