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ARTICLE · 26 JUNE 2023

Limitations Act, 2002: The 15-Year Ultimate Limitation Period In Ontario And Its Exceptions

Borden Ladner Gervais LLP
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The Limitations Act, 2002 (the Act), which came into force in Ontario on Jan. 1, 2004, introduced a basic 2-year limitation period that is subject to the doctrine of discoverability.

CanadaLitigation, Mediation & Arbitration
Natalie Salafia
Natalie Salafia
Natalie Kolos
Natalie Kolos
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The Limitations Act, 2002 (the Act), which came into force in Ontario on Jan. 1, 2004, introduced a basic 2-year limitation period that is subject to the doctrine of discoverability. The Act also introduced an ultimate limitation period of 15 years, which is not subject to discoverability and begins to run from the "day on which the act or omission on which the claim is based took place."

The recent Superior Court of Justice decision of Tyszko v. St. Catharines (City), 2023 ONSC 2892, considers the 15-year limitation period in the context of a claim alleging ongoing property damage stemming from work performed about 20 years earlier.

Background

In 2002, the defendant municipality installed catch basins on the roadway near the Plaintiff's house. At that time, the house was owned by the Plaintiff's parents.

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