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ARTICLE · 05 DECEMBER 2018

Start Shredding: The Ultimate Limitation Period Is About To Extinguish Claims

WeirFoulds LLP
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The Limitations Act, 2002 ("Act") has been in force since January 1, 2004. However, section 15 of the Act, which establishes an ultimate limitation period of fifteen years, has not yet had any practical impact.

CanadaLitigation, Mediation & Arbitration
Krista Chaytor
Krista Chaytor
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The Limitations Act, 2002 ("Act") has been in force since January 1, 2004. However, section 15 of the Act, which establishes an ultimate limitation period of fifteen years, has not yet had any practical impact. The practical impact of the ultimate limitation period is set to take effect in a few weeks, on January 1, 2019.

Introduction of the Ultimate Limitation Period

The Act, which came into force on January 1, 2004, established a basic two-year limitation period. This new basic limitation period was a significant change from the previous basic limitation period of six years that had applied to most claims before the Act came into force. While there are a number of exceptions to the application of the basic two-year limitation period, it applies to most claims in Ontario.

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