In Ontario, a plaintiff must start their lawsuit against the
defendant within two years for most civil actions. But the two-year
limitation period may be postponed where the action is not yet an
"appropriate means" to remedy the plaintiff's
loss.
Where, for example, a plaintiff is subject to a criminal
proceeding which is ongoing, the limitation period for any civil
action arising from that criminal prosecution may not run until the
prosecution is finally resolved.
A recent decision of the Ontario Superior Court, Kulyk v.
Guastella, 2021 ONSC 584, however, holds that the mere
existence of a criminal proceeding against the plaintiff may not be
enough to postpone the limitation period.
