How Long Do You Have to Sue Someone in Ontario?

If you believe someone has caused you financial loss, property damage or another legal injury, you may be wondering how long you have to bring a lawsuit.

In Ontario, many civil claims are subject to a two-year limitation period under the Limitations Act, 2002. However, the two-year period does not necessarily begin on the date the event occurred. In many cases, the limitation period is connected to when the claim was discovered, which can depend on when you knew, or reasonably ought to have known, that you suffered damage, who may be responsible and that a legal proceeding would be an appropriate way to seek a remedy.

Ontario also has a general 15-year ultimate limitation period, subject to statutory exceptions. This means that even where a problem is discovered years after the underlying act or omission, there may still be an outside deadline that applies.

Importantly, not every legal claim is governed by the same limitation period. Other Ontario statutes can establish different deadlines, and certain claims have special rules.

For example, a homeowner who discovers a serious construction defect years after a renovation may need to determine both when the damage was discovered and when the underlying work occurred. Similarly, someone involved in a contract, property or business dispute should not assume that the standard two-year period automatically applies.

If you believe you have a potential claim, it is important to determine the applicable limitation period as soon as possible. Waiting while negotiating with the other party, an insurer or a contractor can be risky because discussions do not necessarily stop a limitation period from running.

If you are concerned that a limitation deadline may be approaching, speak with an Ontario civil litigation lawyer promptly.

The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.