What is the basic limitation period in Ontario?
Under the Limitations Act, 2002, the basic limitation period is 2 years from the day the claim was discovered. Discovery occurs when the claimant knew or ought reasonably to have known that the injury, loss, or damage occurred, was caused by the defendant, and that a proceeding was an appropriate remedy (s.5).
What is the ultimate limitation period in Canada?
Ontario imposes a 15-year ultimate limitation period (s.15) that bars a claim 15 years after the act or omission occurred, regardless of when it was discovered. This provides a hard backstop so defendants are not exposed indefinitely.
Are limitation periods the same across Canadian provinces?
No. Ontario, Alberta, and Saskatchewan use a 2-year basic period. British Columbia's Limitation Act also uses 2 years. Quebec's Civil Code generally uses 3 years for personal actions. Real property and some specific claims have longer periods. Always confirm the applicable provincial statute.
Can a limitation period be extended?
Yes, in limited circumstances. The clock is suspended (tolled) while the claimant is a minor or is incapable of managing their affairs. Fraudulent concealment by the defendant, and agreements to suspend under s.22, can also extend time. Missing the deadline usually ends the claim permanently, so act early.