If you’ve ever thought about commencing a lawsuit for damages, you may have come across the term ‘limitation period’. But what does that mean and how does it affect your case?
Limitation periods are the time limits for commencing an action. They refer to the time in which an injured person may bring a claim stemming from an injury, loss or damage caused by the act or omission or another person. After the limitation period has run out, the court or tribunal may refuse to hear the claim, subject to certain exceptions.
In Ontario, the Limitations Act, 2002 is the primary statute of limitations. Under it, you generally have a limitation period of 2 years from the date you have discovered the cause of action to initiate the legal proceedings. When a claim is discovered depends on the specific circumstances of each case. Discoverability occurs when the material facts on which the cause of action is based have been discovered, or ought to have been discovered by a person exercising reasonable diligence.
Regardless of when a claim was discovered, a claim must also be brought within the 15-year ultimate limitation period. The section of the Limitations Act regarding the ultimate limitation period states that “No proceeding shall be commenced in respect of any claim after the 15th anniversary of the day on which the act or omission on which the claim is based took place.”
There are, as with most rules, some exceptions to the general 2-year and ultimate 15-year limitation periods.
Where a cause of action involves a municipality, such as a slip and fall on municipal side walks, or a car accident said to have been caused by a large pot hole on the road, the claimant must put the municipality on notice. This involves providing the municipality of written notice of the action within 10 days of the incident. Similarly, where a slip and fall happens on private property, written notice must be provided to the property owner or contractor managing the property within 60 days.
Another exception involves those who are under 18 or physically, mentally, or psychologically unable to begin proceedings. For those under 18, the limitation period does not begin until the person has reached their 18th birthday, at which point they have two years to commence the action, or they are represented by a litigation guardian. Typically, for those physically, mentally, or psychologically unable to bring the proceedings, the limitation period ceases to run while they are unable, or until they are represented by a litigation guardian.
A third exception can be found in cases involving proceedings based on sexual assault. In these cases, there is no limitation period. Parties are able to bring a claim at any point after the abuse, despite the general 2-year limitation period.
