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ARTICLE · 06 APRIL 2016

Limitations Law In Ontario: Discovering A Good Reason To Believe

Clyde & Co
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When is it appropriate to contemplate a legal proceeding? It's an important consideration that should not be overlooked when calculating the applicable limitation period.

CanadaLitigation, Mediation & Arbitration
Kyle Magee
Kyle Magee
Daniel Zacks
Daniel Zacks
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When is it appropriate to contemplate a legal proceeding? It's an important consideration that should not be overlooked when calculating the applicable limitation period. A recent decision of the Ontario Court of Appeal helps to clarify this issue.

Limitations 101

Ontario's Limitations Act, 20021 establishes a two-year limitation period for most proceedings. While missing a limitation period can be fatal to a claim, it's not always clear when the clock begins to tick.

The period begins to run from the date that a claimant "discovers" their claim, having knowledge that:

  • the injury, loss or damage had occurred,
  • it was caused, or contributed to, by an act or omission,
  • by a person against whom the claim is made, and

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