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Calculate the deadline to commence a legal proceeding in Ontario under the Limitations Act, 2002 — including the 2-year basic period, 15-year ultimate period, and special rules for minors and incapable persons.
For general guidance only. Not legal advice. Always confirm deadlines with a lawyer before relying on this tool.Contract disputes, property damage, personal injury, professional negligence, unpaid debts
If unsure, use the same date as the act/omission. Discovery is when you first knew (or ought to have known) of the loss, its cause, and that a legal proceeding would be appropriate.
In Ontario, the basic limitation period is 2 years from the day a claim is discovered, under section 4 of the Limitations Act, 2002. A 15-year ultimate limitation period (section 15) bars most claims regardless of discovery. Some claims — such as certain sexual-assault claims — have no limitation period, and the clock is suspended while a claimant is a minor or incapable. Once the deadline passes, an expired limitation period is a complete defence.
| Claim Type | Basic Limitation | Ultimate Limitation | Special Rules |
|---|---|---|---|
| General Civil Claims | 2 years from discovery | 15 years from act/omission | Discoverability applies — s.5 |
| Breach of Contract | 2 years from discovery | 15 years from breach | May also run from demand if applicable |
| Personal Injury | 2 years from discovery | 15 years from act/omission | Discovery includes knowledge of severity |
| Professional Negligence | 2 years from discovery | 15 years from act/omission | Discoverability often key — s.5 |
| Real Property Recovery | 10 years from discovery | 10 years from act/omission | Real Property Limitations Act may also apply |
| Judgment Enforcement | 2 years from judgment | 10 years from judgment date | Separate limitation from underlying claim |
| Sexual Assault | No limitation | No limitation | s.16(1)(h) — claim may be brought at any time |
| Assault by Person in Authority | No limitation | No limitation | s.16(1)(h.1) — no limitation period |
| Minor Claimant | Suspended until age 18 | 15 years from act/omission | s.6 — clock does not run while under 18 |
| Incapable Person (no guardian) | Suspended during incapacity | 15 years from act/omission | s.7 — clock suspended during incapacity |
| Environmental Claims | 2 years from discovery | May not apply | s.17 — ultimate period may be extended |
| Pre-2004 Claims (transition) | 2 years from Jan 1, 2004 or discovery | 15 years from act/omission | s.24 — transitional rules apply |
Most Ontario civil claims must be commenced within 2 years of the date the claim was discovered — the date you first knew or ought to have known of the loss and its cause.
Even if a claim was not discovered, no proceeding may be commenced more than 15 years after the act or omission that gave rise to the claim.
The 2-year basic limitation is suspended while a claimant is under 18 or legally incapable without a litigation guardian. The 15-year ultimate period still applies.
If a limitation period expires, the defendant can raise it as a complete defence. A court has no jurisdiction to extend the basic or ultimate period except in limited statutory circumstances.
Under section 4 of the Limitations Act, 2002, most civil claims in Ontario — including every ordinary Small Claims Court claim for debt, breach of contract, or property damage — must be started within two years of the day the claim was discovered. The deadline is satisfied by issuing the claim: once your Plaintiff's Claim is filed with the court inside the two years, it does not matter how long the case itself takes afterwards — although separate procedural deadlines then govern service, defences and appeals.
The two-year period is the same whether you sue in Small Claims Court or the Superior Court of Justice — choosing the simpler court does not buy extra time. Because an expired limitation period is a complete defence, confirming your estimated limitation date should be one of the first steps in any dispute, before sending demand letters or negotiating.
Discovery is defined by section 5. A claim is discovered on the first day you knew — or a reasonable person in your position ought to have known — all four of the following:
The Act presumes you discovered the claim on the day the act or omission happened unless you can show otherwise. When the discovery date is debatable, use the earliest date you arguably knew — it produces the most conservative estimated limitation date and keeps you on the safe side.
The two-year rule is the default, not the whole story. Common exceptions include:
Section 15 sets an outer boundary: no proceeding may be commenced more than 15 years after the act or omission that gave rise to the claim, even if the claim was never discovered. The ultimate period protects defendants from indefinitely old claims. It is paused in narrow situations — for example while the defendant wilfully conceals the wrong or misleads the claimant about its appropriateness for a proceeding. Your estimated limitation date is always the earlier of the basic and ultimate deadlines.
Courts cannot simply extend a limitation period out of fairness, but the Act itself allows the clock to move in defined situations:
What does not pause the clock: sending a demand letter, negotiating informally, or waiting for a response. If your estimated limitation date is approaching, issue the claim first and negotiate after.
Under section 4 of the Limitations Act, 2002, most civil claims in Ontario must be started within 2 years of the day the claim was discovered. Miss that deadline and the claim can be dismissed no matter how strong it is.
Discovery is defined in section 5. The clock generally starts on the day you first knew — or a reasonable person in your position ought to have known — that the loss occurred, that it was caused by the defendant, and that a court proceeding is an appropriate way to address it.
Section 15 sets an outer limit: even if a claim was never discovered, no proceeding can be started more than 15 years after the act or omission that gave rise to it, subject to limited exceptions.
Yes. Under section 16, certain claims — including many based on sexual assault and specified misconduct or assault by a person in a position of trust or authority — have no limitation period and may be brought at any time.
No. Under sections 6 and 7, the basic 2-year period is suspended while a claimant is under 18, or is incapable of starting a proceeding and has no litigation guardian. The 15-year ultimate period can still apply.
The defendant can raise the expired limitation period as a complete defence, and the claim will usually be dismissed regardless of its merits. A court cannot extend the basic or ultimate period except in the limited circumstances the statute allows, so it is important to confirm your deadline early.
It can. Under section 13, if the person liable acknowledges the debt or other liability in writing (or, for a debt, makes a part payment) before the limitation period expires, the clock generally restarts from the date of that acknowledgment. This is why a signed acknowledgment or partial payment can be significant.
Yes. Under section 22, parties to a business agreement can agree in writing to vary or exclude the basic and ultimate limitation periods within the limits the statute allows. A written tolling agreement is a common way to preserve a claim while the parties try to settle.
Yes. The limitation period is about when a proceeding is commenced. Once you issue your claim within the deadline, the limitation period is satisfied for that claim — even if the case itself takes months or years to resolve. What matters is the issue date, not the trial date.
Yes. The same 2-year basic limitation period under the Limitations Act, 2002 applies whether you sue in Small Claims Court or the Superior Court. Choosing Small Claims Court does not give you extra time to start your claim.
Yes. Some claims carry short notice requirements separate from the 2-year limitation period — for example, claims against a municipality can require written notice within 10 days of a slip-and-fall, and claims against government or certain professionals may have their own timelines. These short deadlines can bar a claim even when the 2-year period has not run.
When in doubt, use the earliest date you arguably knew you had a claim, which gives you the most conservative (soonest) deadline. Discovery can be a contested legal question, so if the timing is close it is safest to treat the earliest reasonable date as the start and get advice promptly.
Sometimes there are arguments — such as a later discovery date, an acknowledgment that restarted the clock, or an exception under the Act — but you cannot count on them. If your deadline has passed or is close, speak with a lawyer or paralegal immediately rather than assuming the claim is either dead or safe.
No. Sending a demand letter, negotiating, or waiting for a response does not pause the limitation period. Only commencing a proceeding (or, in narrow cases, a written acknowledgment or tolling agreement) affects the clock, so never let settlement talks push you past your deadline.
Yes. Enforcing a judgment is subject to its own limitation period, generally considered to be about 2 years for certain steps and up to a longer outer limit for others. If you have won but not yet collected, do not sit on the judgment — take enforcement steps well before any deadline could be argued to have passed.
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Related: Toronto Small Claims Court
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