Protect Your Right to Legal Recourse
Ontario Limitation Periods: The Clock is Ticking
The basic rule
The Two-Year Rule
For the vast majority of legal matters in Ontario, the Basic Limitation Period is two years. This means you generally have 24 months from the day your claim was “discovered” to issue a Statement of Claim in court.
This applies to:
Where the two-year rule applies
Common claim types under the basic limitation period
Motor Vehicle Accidents
Injuries resulting from car, truck, or motorcycle crashes.Slip and Falls
Occupiers’ liability claims on private or commercial property.Breach of Contract
Disputes over business agreements or real estate closings.Professional Negligence
Claims against doctors, accountants, or other professionals.
Shorter notice periods
When Two Years is Too Long
While the two-year rule is standard, certain types of claims have much shorter notice periods that must be met before a lawsuit can even be filed.
Claims Against Municipalities (10 Days)
If you are injured due to snow or ice on a city sidewalk in North York, you must provide written notice to the City Clerk within 10 days of the incident. Failure to do so can result in your claim being dismissed before it starts.Slip and Falls on Private Property (60 Days)
Under 2021 amendments to the Occupiers’ Liability Act, if you slip on snow or ice on private property, you must provide written notice to the occupier or independent contractor within 60 days.Libel and Slander
For claims involving newspapers or broadcasts, notice must often be given within 6 weeks, and the action must be commenced within 3 months.
Discoverability
When Does the Clock Actually Start?
The limitation clock doesn’t always start the second an accident happens. Under Ontario law, a claim is “discovered” on the earlier of:
The day the person first knew that the injury or loss occurred.
The day a “reasonable person” ought to have known that a legal proceeding would be an appropriate way to seek a remedy.
Example: If an injury from a car accident doesn’t manifest until weeks later, or if a real estate fraud is hidden for months, the “Discoverability” principle may extend your deadline. Our team uses 2026 digital forensic tools to prove exactly when a claim became discoverable.
Tolling provisions
Exceptions for Minors and Incapacity
The law recognizes that some individuals cannot protect their own interests:
Minors
The limitation period generally does not begin to run until the person turns 18.Incapacity
If a person is incapable of managing their affairs due to a physical or mental condition (common in Catastrophic Brain Injuries), the clock may be paused (“tolled”) until they regain capacity or a litigation guardian is appointed.The 15-Year Ultimate Limit
Regardless of discoverability, no proceeding can be commenced after the 15th anniversary of the act or omission taking place (with very few exceptions, such as sexual assault).
Why act early
Evidence Disappears Faster Than Time
Even if you have two years to sue, waiting is a tactical mistake.
Vision Zero Data
Municipal traffic camera footage and black box data from vehicles are often overwritten within weeks.Witness Memories
Statements taken 24 months after an event are rarely as strong as those taken 24 hours later.SABS Deadlines
Remember, your OCF Forms for accident benefits have much shorter deadlines (7 to 30 days) than the lawsuit itself.
Take the next step
Don’t Let the Clock Run Out on Your Future
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