The two-year limitations period under Ontario law has always
contained a certain degree of variability because the two years is
measured on the basis of discoverability. But a recent trend of
case law from the Ontario Court of Appeal has infused uncertainty
into the two-year claims bar, calling into question when two years
really means two years.
Whether this trend is welcome news depends on where you are
standing. For plaintiffs, it is a welcome development that
potentially expands the time in which they must bring a claim.
Defendants, on the other hand, now lack the certainty that after
two years—even after the plaintiff knows about the events
underlying a claim—a claim can no longer be brought.
