Is There A Limitation Period When Filing A Lawsuit?

When pursuing legal action in Ontario, time is of the essence. Section 4 of the Ontario Limitations Act, 2002 establishes a general two-year limitation period to initiate a claim. This two-year clock starts ticking from the moment the claim is discovered. While there are exceptions to this rule, this blog will focus on the general principles that govern this limitation period.

What Is a "Claim" Under the Act?

To understand the limitations period, we must first define a "claim." Section 1 of the Act defines a claim as a "claim to remedy an injury, loss or damage that occurred as a result of an act or omission." This essentially means that a claim arises when one party seeks legal remedies for harm caused by another party's actions—or lack thereof.