The 2-Year Deadline to Sue in Ontario: How the Limitations Act Works
In Ontario you usually have just two years to start a lawsuit — and miss it and even a strong claim is dead. A plain-English guide to the basic two-year limi...
Frequently Asked Questions
How long do I have to sue someone in Ontario?
Usually two years. Under the Limitations Act, 2002, the basic rule is that you must start your lawsuit within two years of the day you discovered the claim. Some situations have shorter or different deadlines — one year at the Landlord and Tenant Board, a 60-day notice before suing the province, and ten years for many land claims — so always check which one applies.
When does the two-year limitation clock start?
It starts when you knew, or a reasonable person ought to have known, that you suffered a loss, that it was caused by an act or omission, that it was the fault of the person you want to sue, and that a lawsuit is an appropriate remedy. This 'discoverability' rule can push the start date later than the event — but the law presumes you knew on the day it happened unless you can show you reasonably discovered it later.
What is the 15-year ultimate limitation period?
It is a hard outer limit. Regardless of when you discover a claim, you generally cannot sue more than 15 years after the act or omission that caused it. Unlike the two-year period, the 15-year clock runs from the event itself and is not extended by discoverability, though it can be suspended for minors and incapable persons.
Does the limitation period pause for children?
Yes. For a minor, the basic limitation period generally does not begin to run until they turn 18, unless a litigation guardian is appointed to act on their behalf sooner. The clock is also suspended while a person is incapable of bringing a claim because of their condition.
Are there shorter deadlines than two years?
Yes, and they catch people out. Most Landlord and Tenant Board applications must be filed within one year. Suing the province or the OPP requires a notice of claim at least 60 days before starting the action. And for malicious prosecution, the two years typically runs from when the charges were resolved in your favour, not the arrest date.
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