Limitation periods: how long you have to sue

What a limitation period is

A limitation periodLimitation periodThe time limit to start a court case. In Ontario it is generally 2 years from when you discovered your claim, under the Limitations Act, 2002. If you miss it, you may lose the right to sue.Close definition of Limitation period is the deadline to start a court case. If you miss it, you may lose the right to sue, even if you are clearly owed the money. The other side can point to the date and ask the court to end your case.

This is one of the most important dates in your whole case. It is easy to miss, because the clock starts long before you ever think about court.

The basic rule: 2 years from discovery

In Ontario, the Limitations Act, 2002 sets the general rule. You have 2 years from the day you discovered (a claim)Discovered (a claim)The day you knew, or should have known, that you had a loss caused by someone else and that a court case was a fitting way to fix it [VERIFY: exact legal test]. Your 2-year limitation period generally starts on this day.Close definition of Discovered (a claim) your claimClaimA request to the court for money or another remedy, saying why someone else owes it to you. The word also means the court document that starts a case.Close definition of Claim to start it.

"Discovered" is not always the day the problem happened. In plain terms, it is usually the day you knew, or should have known, that:

• you suffered a loss
• someone else caused it
• going to court was a fitting way to fix it

The exact legal test is set out in the Act [VERIFY: exact wording of the discovery test]. Often, the day it happened and the day you discovered it are the same. Sometimes they are not.

Some examples

These examples are made up, to show how the clock can work.

• Unpaid loan. You lent a friend money, to be paid back by a set date. They did not pay. The clock usually starts around the date the payment was due and not made.
• Bad repair. A contractor fixed your roof. It looked fine. Months later, after a heavy rain, you found water damage caused by the repair. The clock may start when you found the damage, not on the day of the work.
• Unpaid invoice. You did work and sent an invoice with a due date. The clock usually starts around when the invoice went unpaid.

When you are not sure which date applies, using the earlier date is the safer choice for planning.

What you need to do

1. Write down two dates. The date the problem happened, and the date you first learned about it.
2. Count forward 2 years from the date you discovered it. That is your estimated deadline.
3. Check how much time is left. Our limitation period estimator can do the math for you.
4. Act on the result.
   • More than 18 months have passed: treat this as urgent and start your claim soon.
   • More than 2 years have passed: this may be too late. Get legal advice now.
5. Keep proof of the dates. Save emails, texts, invoices or photos that show when you learned of the problem.

Exceptions and special cases

The 2-year rule is general. There are exceptions, and they can change your deadline [VERIFY]. Examples of situations that may follow different rules include:

• claims involving a child or a person who cannot manage their own affairs [VERIFY]
• a debt the other side admitted in writing, or made a partial payment on [VERIFY]
• claims against some public bodies, which may need written notice first [VERIFY]
• a longer outside limit that applies no matter when you discovered the claim [VERIFY]

If any of these may apply to you, it is worth getting legal advice.

For defendants

If you are being sued, check the dates too. Did the events in the claim happen more than 2 years before the claim was issuedIssuedWhen the court officially accepts a claim, gives it a court file number and marks it with the court seal [VERIFY]. The 6-month time to serve the claim starts on the day it is issued (Rule 8.01(2)).Close definition of Issued? If so, the limitation period may be part of your defenceDefenceThe defendant's written answer to a claim, saying what they agree with, what they dispute and why. In Small Claims Court it is Form 9A.Close definition of Defence. You raise it in your Defence (Form 9A). See Responding to a claim.

Limitation periods and court deadlines are different

The limitation period is about starting your case. Once your case is started, other deadlines take over. For example:

• You must serve the claim within 6 months after it is issued (Rule 8.01(2)).
• The defendant has 20 days after being served to file a Defence (Rule 9.01).
• The clerkClerkA court staff member who accepts and reviews documents, issues claims, and handles some steps such as noting a defendant in default. Clerks cannot give legal advice.Close definition of Clerk can dismiss a case for delay if it is not finished, and no trial date has been requested, by the second anniversary of the day it started (Rule 11.1.01).

Forms

There is no form for the limitation period itself. Starting your claim with Form 7A: Plaintiff's Claim is the step that matters. Generally, it is the date the claim is filed or issued that counts against the limitation period [VERIFY].

Common mistakes

• Waiting while you negotiate. Talks with the other side usually do not pause the clock [VERIFY]. Keep an eye on the date while you talk.
• Counting from the wrong day. Guessing a later "discovery" date when the earlier date is the one that counts.
• Leaving it to the last week. Filing can take longer than you expect, especially if you find a mistake in your form.
• Thinking a demand letter stops the clock. Sending a letter is helpful, but it does not start a court case.
• Assuming you are too late without checking. If the dates are close, get advice before you give up.

What happens next

If you are still in time, the next step is to figure out exactly who to sue and which court to use. Go on to Who to sue and where to file.

Need to go back? See Before you sue.