How Long do I have to Sue? It Depends…
Navigating the legal process can be complex, especially when dealing with civil claims. In Ontario, understanding the applicable limitation periods is crucial. These periods dictate the timeframe within which a lawsuit must be initiated. Failing to commence a claim within the prescribed time can result in the loss of the right to pursue legal action. This blog post provides an overview of the primary limitation periods for various civil claims in Ontario. Importantly, there are various limitation periods which may not be touched on in this blog post, and it is important that you seek legal advice as soon as you believe you may have a claim to ensure your right to bring a claim is protected.
The General Two-Year Limitation Period
The Limitations Act, 2002 is the primary legislation governing limitation periods in Ontario. This Act establishes a basic framework for when a claim can no longer be brought before the courts. The fundamental principle is that a claim is “discovered” when the plaintiff knows or reasonably ought to know that the injury, loss, or damage has occurred; that it was caused by the defendant’s act or omission; and that a legal action would be an appropriate means to seek a remedy.[1]
The Limitations Act, 2002 sets a general two-year limitation period for most civil claims in Ontario. This means that a lawsuit must be commenced within two years from the date the claim was discovered. This applies to a wide range of claims, including those related to:
While the two-year limitation period is the general rule, several exceptions and specific limitation periods apply to certain types of claims. These exceptions are often based on the nature of the claim or the specific legislation governing the area of law. Some examples include:
Specific Limitation Periods: Exceptions to the Rule
Discoverability and Its Importance
- Actions Against the Crown: Claims against the Crown in right of Ontario are subject to specific rules, and the limitation period may vary depending on the nature of the claim. Refer to the Proceedings Against the Crown Act for details.
- Defamation: Claims for defamation (libel and slander) have a shorter limitation periods. A claim for libel in a newspaper for example must be brought within three months of the publication.
- Environmental Claims: Claims related to environmental damage may have specific limitation periods outlined in relevant environmental legislation.
- Construction Liens: Claims for construction liens have a specific and often much shorter limitation period, governed by the Construction Act.
- Claims Involving Minors or Incapable Persons: The Limitations Act, 2002 includes provisions that may affect the running of the limitation period for claims involving minors or individuals who are incapable of managing their affairs.
Seeking Legal Advice
The concept of “discoverability” is central to understanding limitation periods. As mentioned earlier, the limitation period generally begins to run when the claim is discovered, or when the plaintiff reasonably ought to have discovered it. This means that even if the damage or injury occurred some time ago, the clock may not start ticking until the plaintiff knew, or should have known, about the cause of action. This can be a complex legal issue, and the specific facts of each case will determine when the limitation period begins.
It is crucial to consult with a lawyer as soon as you believe you may have a civil claim. [3] A lawyer can assess the specifics of your case, determine the applicable limitation period, and advise you on the steps you need to take to protect your legal rights. Failing to act promptly can result in the loss of your right to sue.
Understanding limitation periods is essential for anyone considering pursuing a civil claim in Ontario. While the two-year limitation period is the general rule, numerous exceptions and specific rules apply. Speak with Adam T. Higgins today to receive a tailored legal strategy that protects your right to bring a claim within the limitations period.