Limitation Period Deadlines:

Question: What can a Paralegal at Reznik Legal Services in Ontario do to help me figure out whether my claim may be barred by the Limitations Act deadlines?

Answer: ?

Answer: If you’re in Ontario and wondering whether you still can sue before a limitation period expires, a Paralegal at Reznik Legal Services can review your timeline, explain how the general two-year deadline under Limitations Act, 2002, S.O. 2002, c. 24, Sch. B works (including the “discovery” rules), and flag common exceptions or scenarios where another statute may set a different deadline.   Acting early helps protect your right to start a proceeding, since waiting too long can lead to a claim being statute barred and likely dismissed, so call (416) 222-9906 to book a consultation.

Limitation Periods Are Deadlines Upon the Right to Sue

What are known as limitation periods are merely the time limits that restrict when legal proceedings may be commenced.  Wait too long and the right to start a lawsuit is lost.  In Ontario, the Limitations Act, 2002, S.O. 2002, Chapter 24, Schedule B, provides a general limitation period of two (2) years, with some exceptions, after which a right of action, meaning the legal right to sue, will expire and be lost forever.

The Law

The Limitations Act, 2002, statutorily prescribes a two-year limitation period within which a lawsuit must be brought or the right to commence a lawsuit may subsequently become barred whereas it is said:

The Limitations Act, 2002, as a general statute, may be superseded by other statutes, such as the Insurance Act, R.S.O. 1990, c. I.8, the Real Property Limitations Act, R.S.O. 1990, c. L.15, among others, whereas these statutes directly address certain types of matters where limitation periods specific to those matters are defined.  The primary purpose of limitation periods is to provide peace to potential defendants whereby upon expiry of the time limit, a potential defendant may rest knowing the risk and fear of lawsuit is relinquished and any right of action has become stale or lapsed.  Accordingly, the need to hang onto potential evidence is relieved, and retained legal representation may be discharged.  Essentially, the potential defendant is relieved of further worry or concern whereas once a limitation period has expired, the right to bring legal action is statute barred, meaning forbidden.  If a legal action is commenced outside this period, then the action will likely be struck down as there are few exceptions to limitations rules.