Limitation Periods in Ontario
On January 1, 2004, Ontario's Limitations Act,
20021 (the "Act") came into force. The
Act limits the period of time during which a person may initiate
court proceedings in respect of a claim. For the purposes of the
Act, a claim is defined as "a claim to remedy an injury, loss
or damage that occurred as a result of an act or
omission."2
The Act establishes a basic two year limitation period (the
"Basic Period"), subject to certain exceptions, which
commences on the earlier of the day the essential elements of a
claim are known to the claimant and the day a reasonable person
ought to have discovered them. There is a rebuttable presumption
that a claimant discovered all of the essential elements of the
claim on the day the act or omission causing the loss or damage
occurred.
