Perhaps, when an ex-employee takes six years to
"discover" that they were wrongfully dismissed.
Thankfully, the Ontario Court of Appeal has confirmed that
employees cannot await the conclusion of criminal proceedings to
judge the strength of their wrongful dismissal claim before
commencing a lawsuit against their former employers.
Limitations Act
Generally, employees have two years after the termination of
their employment to sue their ex-employer for wrongful dismissal in
civil court. In most cases, employees will be deemed to have
"discovered" a cause of action against their employer
when they are given notice of termination, and so the two-year
limitation clock starts ticking immediately. However, various
circumstances may delay the clock's start.
