Do I Still Have A Claim? Continuous Contract Breaches And Rolling Limitation Periods

In Ontario, the Limitations Act, 2002, S.O. c. 24 Sched B. imposes deadlines by which claims for damages, injury, or loss must be brought. Generally, the deadline or "limitation period" is two years from the date upon which the claimant discovers or reasonably ought to have discovered the wrongdoing (s.4 Limitations Act). Failure to commence a claim within the Limitation Period will result in the claim being statute-barred, meaning the claim cannot proceed.

Often, contracts include continuing obligations which create uncertainty as to when the claim is discovered. If the claim involves ongoing obligations, such as recurring payments, does the claim arise when the first payment is missed, or does it arise each time a payment is missed?