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.
Municipal Non-Repair Claims (10 Days)
If you fall because a City sidewalk in North York was not kept in repair, section 42(6) of the City of Toronto Act, 2006 requires written notice of the claim to the City Clerk within 10 days. Outside Toronto the equivalent is section 44(10) of the Municipal Act, 2001. A judge can excuse late or insufficient notice where you have a reasonable excuse and the municipality is not prejudiced in its defence, but do not count on it.Slip and Falls on Private Property (60 Days)
Under section 6.1 of the Occupiers’ Liability Act, in force since January 29, 2021, if you are injured by snow or ice on private property you must serve written notice on the occupier, or on the contractor hired to clear the snow, within 60 days.Libel and Slander
For claims over a newspaper or broadcast, the Libel and Slander Act requires written notice within 6 weeks of the libel coming to your knowledge, 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 section 5 of the Limitations Act, 2002, a claim is “discovered” on the earlier of:
The day the person first knew all four of these things: that the injury, loss or damage had occurred; that it was caused or contributed to by an act or omission; that the act or omission was that of the person they want to sue; and that a proceeding would be an appropriate way to seek a remedy.
The day a reasonable person, with the claimant’s abilities and in the claimant’s circumstances, ought to have known those same four things.
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. We build the record, medical charts, correspondence, land registry searches and expert reports, that fixes the date the claim became discoverable.
Tolling provisions
Exceptions for Minors and Incapacity
The law recognizes that some individuals cannot protect their own interests:
Minors
Under section 6 of the Limitations Act, 2002 the clock does not run while a claimant is under 18 and is not represented by a litigation guardian. Appoint a litigation guardian and the clock starts.Incapacity
Under section 7, if a person is incapable of commencing a proceeding because of a physical or mental condition (common in catastrophic brain injuries) and has no litigation guardian, the clock is paused (“tolled”) until capacity returns or a litigation guardian is appointed.The 15-Year Ultimate Limit
Regardless of discoverability, section 15 bars a proceeding brought after the 15th anniversary of the act or omission. It does not run against a minor or an incapable person, it is suspended where the wrong was wilfully concealed, and it does not apply to the claims section 16 exempts entirely, 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.
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