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ARTICLE · 05 AUGUST 2026

The ‘Continuous Act Or Omission’ Exception To The Ultimate Limitation Period

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The Act came into force on January 1, 2004, introducing wholescale reforms to the law of limitation periods in Ontario with the goal of creating “a clear and cohesive scheme for addressing limitation issues, one that balances the plaintiff’s right to sue with the defendant’s need for certainty and finality.”

CanadaLitigation, Mediation & Arbitration
Paul Ivanoff
Paul Ivanoff
Graeme Rotrand
Graeme Rotrand
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Key takeaways

  • The Ontario Limitations Act, 2002 creates a two-year basic limitation period and a 15-year ultimate limitation period.
  • The ultimate limitation period aims to provide certainty for defendants by preventing indefinite liability, particularly for latent defects.
  • Litigation concerning the ultimate limitation period is expected to rise, highlighting the importance of understanding statutory exceptions.

The Ontario Limitations Act, 2002, S.O. 2002, c. 24 (the Act), creates two distinct limitation periods: the two-year “basic limitation period” and the 15-year “ultimate limitation period.” The two limitation periods operate based on different principles: the basic limitation period is predicated on the discoverability of the impugned act or omission, while the ultimate limitation period is predicated on the date on which the impugned act or omission occurs. Certain exceptions to the operation of the ultimate limitation period are provided for under the statute. One such

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