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How long do I have to start a claim?
There is a time limit to sue. Answer two questions to estimate the last day you can start your Small Claims case.
Estimate your last day to start
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How the time limit to sue works
Every court case has a time limit to start it. This is called a Limitation 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.. If you wait too long, you may lose the right to sue, even if the other side really does owe you.
In Ontario, the basic time limit is 2 years (Limitations Act, 2002). The clock usually starts on the day the problem was 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.: when you knew about the loss and who caused it. Often that is the same day the problem happened. Sometimes you find out later, for example when hidden damage shows up.
The estimator adds 2 years to that date. If you're not sure when you found out, it counts from the day the problem happened instead. That is the earliest date, so it gives you the safest answer.
To start your case, you file a Plaintiff's ClaimThe court form that starts a Small Claims case (Form 7A). It names the parties, says how much is claimed and why, and comes with a Schedule A. with the court before the last day. Don't leave it to the final weeks. Finding the right legal name, writing your claim and gathering documents take time.
Some situations have different rules [VERIFY]. If your case is unusual, read our guide to limitation periodsor get legal advice.
Read next
- GuideBefore you sue: what to check firstBefore you go to court, check that your claim fits the $50,000 limit, that you are not too late, and that you have asked the other side to pay. This stage can save you time, money and stress.
- GuideLimitation periods: how long you have to sueA limitation period is the time limit to start your case. In Ontario it is generally 2 years from when you discovered your claim, so it pays to act early.
- GuideResponding to a claim (Form 9A)If you are served with a Plaintiff's Claim, you have 20 days to serve and file a Defence (Form 9A). You can dispute the claim, admit part of it, or admit it and propose payment terms.
- ArticleHow to write a demand letter before you sue in OntarioA demand letter is your last clear request for payment before you go to court. Done well, it can settle the dispute and shows the court you tried.
- Form 7AStarting a Small Claims case
- Form 9AResponding to a claim against you
Questions people ask
How long do I have to sue in Ontario?
Generally 2 years from the day you discovered the problem (Limitations Act, 2002). Some situations have different rules, so read our guide to limitation periods if your case is unusual.
What if I don't know when I first learned about the problem?
Use the day the problem happened. That is the earliest date, so it gives you the safest estimate.
Why does the tool say my claim is urgent?
GoSelfRep flags a problem older than 18 months as urgent. This is our own warning, not a legal deadline. It leaves you time to prepare before the real limit.
What if my date has already passed?
It may be too late to start a claim. Get legal advice now. A lawyer or licensed paralegal can tell you if your claim can still go ahead.
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