Governed by the Limitations Act, 2002
("Limitations Act") in Ontario, a limitation
period is the time within which one party must commence an action
against another.
The standard limitation period is two years from the date of the
loss or the date the loss was discovered. Failure to commence an
action within the prescribed limitation period will usually result
in an action being dismissed and that party is forever barred from
advancing their claim.
But in 2016 the Limitations Actwas amended to carve out
an exception for sexual assault cases. As a result, there is no
longer a limitation period for these types of claims.
What that means is limitation periods no longer exist for
matters based on any other misconduct of a sexual nature if, at the
time of the misconduct, the person with the claim was a minor, or
if the relationship is one of authority, dependence or trust.
Additionally, limitation periods have been removed for matters of
physical assault if, at the
