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ARTICLE · 01 JUNE 2023

Negligence Claim Statute-barred By Ultimate 15-Year Limitation Period

Gardiner Roberts LLP
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Civil claims in Ontario are generally subject to a two-year limitation period, meaning that a plaintiff must start a court action within two years of the event which gives rise to the proceeding.

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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Civil claims in Ontario are generally subject to a two-year limitation period, meaning that a plaintiff must start a court action within two years of the event which gives rise to the proceeding. One issue that often arises is when the clock begins to run. In some cases, a plaintiff may not have sufficient knowledge to commence an action or there may be another more appropriate means available to resolve the dispute without litigation. The two-year limitation period may be delayed or extended in certain circumstances.

Section 15 of the Ontario Limitations Act, 2002, introduced an "ultimate" 15-year limitation period under which no proceeding shall be commenced in respect of any claim after the 15th anniversary of the day on which the act or omission on which the claim is based took place. On its face, this term was supposed to remove any question as to when the limitation period ultimately expired. Few cases have applied the section to date.

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