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ARTICLE · 08 FEBRUARY 2021

Criminal Proceedings And The Civil Defamation Claim: A Limitation Period Lesson

Gardiner Roberts LLP
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In Ontario, section 4 of the Limitations Act, 2002 establishes a general two-year limitation period for commencing an action from the date the action is discovered.

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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In Ontario, section 4 of the Limitations Act, 2002 establishes a general two-year limitation period for commencing an action from the date the action is discovered. Section 5(1)(a) of the Act provides a checklist of factors to establish when a claim is discovered. Although section 5 was modelled along the lines of the common law "discoverability" principle, section 5(1)(a)(iv) departs significantly from the common law principle by adding that a claim is discovered on the earlier of the day on which the person with the claim first knew "that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it."

How does this subsection impact a civil defamation claim when the person who alleges that he or she has been defamed is also facing criminal proceedings that arise from the allegedly defamatory information provided to the police?

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