Don’t Wait Too Long: What You Need to Know About Limitation Periods in Ontario

What Is a Limitation Period?

A limitation period is the amount of time you have to start a legal proceeding after something has happened—like discovering a loss, being injured, or realizing someone breached a contract. In Ontario, the basic limitation period is two years from the date you discovered the issue. This is governed by the Limitations Act, 2002.

What Does “Discovered” Mean?

You are considered to have discovered a claim when you knew (or reasonably should have known):

1. That an injury, loss, or damage occurred,

2. That it was caused by someone else’s act or omission, and

3. That you might have a legal claim.

So, the clock doesn’t necessarily start ticking the moment something goes wrong—it starts when you realize (or should have realized) that you might have a case.

Some Examples

- Unpaid loan: If someone borrowed money and failed to pay, you usually have two years from the date the loan was due or the date you demanded repayment and didn’t receive it.

- Slip and fall: If you fall on someone’s property and are injured, the two-year period generally starts from the date of the injury.

- Breach of contract: If someone breaks a contract, your two-year clock typically begins when the breach occurs, or when you realize there’s been a breach.

Are There Exceptions?

Yes, some exceptions apply:

- Minors and people under disability: The limitation period is paused (or "suspended") until a litigation guardian is in place.

- Fraud or concealment: The time limit may be extended if the other party concealed the wrongdoing.

- Ultimate limitation period: No matter what, you usually cannot sue more than 15 years after the event occurred—even if you didn’t know about it.

Why It Matters

If you miss the limitation period, the other side can ask the court to dismiss your case, even if you would otherwise have won. Courts are strict about these deadlines.

What Should You Do?

If you think you might have a legal claim:

✅ Don’t wait.

✅ Talk to a lawyer as soon as possible.

✅ Get legal advice about your specific situation.

Limitation periods can be complicated, and they depend on the facts of your case. It’s always best to get advice early so you don’t miss your window.

Have questions about a possible claim or legal deadline? Reach out for a consultation and let’s talk about your options. You can contact us here, or send an email to info@smallclaimssolutions.ca, or give us a call 437-290-5200. We look forward to assisting you!

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