How Long Do I Have to Sue in Ontario? The Two-Year Clock and the Day It Starts
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.
Last Updated: July 2026
Quick Answer
In Ontario, the basic limitation period for starting a civil lawsuit is two (2) years, set by section 4 of the Limitations Act, 2002. Those two years commence from the day the claim was discovered, not always the day the harm happened. A claim is discovered on the earlier of the day the person actually knew, and the day a reasonable person in their circumstances ought to have known, that they suffered injury, loss or damage, that it was caused by an act or omission, that a particular person was responsible, and that a court proceeding would be an appropriate way to seek a remedy. A separate 15-year ultimate limitation period runs from the day the act or omission took place, regardless of whether the claim was discovered or not. Some claims fall under different statutes with different deadlines, and a few carry written notice requirements as short as 10 days.
Why The Deadline Is The First Thing A Lawyer Checks
When someone brings a dispute to a lawyer, questions about who did what tend to come second. The first questions are about dates.
A limitation period is the deadline for starting a court case in Ontario. If that deadline passes, a claim that might otherwise have succeeded can be dismissed on the calendar alone, without a judge weighing the evidence.
Many people search for the “statute of limitations.” Ontario has no statute by that name. The rules come from the Limitations Act, 2002, and the correct term here is limitation period.
The deadline often starts later than people expect, because it usually starts from the day you found out rather than the day it happened. Our civil litigation lawyers check that start date first.
Find Your Situation
Limitation periods are not one size fits all. Find your situation below, then read the section it points to.
- ▪Someone owes you money. Read the two-year rule, then acknowledgment, because a written admission or partial payment may change the date. See recovering money you are owed.
- ▪A contract was broken. The two-year rule typically applies, and the start date depends on when the breach was discovered.
- ▪Work on your property was done badly. Discovery may come years after the work finished.
- ▪Something was published or broadcast about you. Much shorter notice periods may apply.
- ▪The dispute is about land or a mortgage. A different statute may govern.
- ▪You were hurt on a road or sidewalk. A written notice may be due within days.
Each of these still needs the dates assessed before anything is filed.
What The Two-Year Rule Actually Says
In Ontario, the basic limitation period for most civil claims is two years, and it typically runs from the day the claim was discovered rather than the day the harm occurred. Section 4 of the Limitations Act, 2002 sets that period. It applies to starting the case, not to finishing it.
Commencing a proceeding means issuing the document that opens the case, such as a Statement of Claim in the Superior Court of Justice or a Plaintiff's Claim in the Small Claims Court. Filing that document on time is what counts. A case can then run for months or years without any limitation problem.
Sending a demand letter is not the same thing, and neither is complaining to a regulator or negotiating with an insurer. Those steps are often useful, but they typically do not stop the clock.
The period applies broadly: most negligence claims, a contract dispute, unpaid invoices, professional negligence and many property damage claims. It does not cover everything, and the sections below set out where a different rule may apply.
The Day The Clock Actually Starts
Under section 5 of the Limitations Act, 2002, a claim is discovered on the earlier of two dates: the day the person actually knew the key facts, and the day a reasonable person in the same circumstances ought to have known them. The two-year period runs from whichever comes first.
Four key factors establish that knowledge: that injury, loss, or damage occurred; that an act or omission caused it; that a specific person was responsible; and that a court proceeding is an appropriate remedy.
Section 5(2) presumes you discovered the claim on the day the act or omission took place. That presumption can be displaced by evidence showing that you neither knew nor reasonably could have known until later.
Consider a general illustration: a basement is waterproofed, and no issues seem to appear for several years. Later, water appears, and an engineer traces it to the original work. Here, the day the work finished and the day the claim was discovered are distinct. Which one governs turns on what the owner knew and what a reasonable owner ought to have noticed.
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Two clocks, one deadline
The basic 2-year period and the 15-year ultimate period start on different days and run at the same time. Whichever ends first is the deadline.
*Discovery timing varies and is often years after the act. Section 5(2) presumes discovery happened on Day 0 unless evidence shows otherwise.
Source: Limitations Act, 2002, ss. 4, 5 and 15 — ontario.ca/laws/statute/02l24. Nihang Law Professional Corporation · Law Society of Ontario. For general information only; not legal advice.
When Two Years Is The Wrong Answer
Several Ontario statutes displace the two-year rule. Claims about land may fall under the Real Property Limitations Act, which sets ten-year periods. Some claims carry a separate written notice deadline as short as ten days. A few claims have no limitation period at all.
The Limitations Act, 2002 does not apply where the Real Property Limitations Act governs. The latter sets 10 years for an action to recover land and 10 years, as well, for money charged on land, including mortgage enforcement. Whether it governs a specific land dispute is fact-specific.
Notice deadlines are separate. Giving notice is not the same as starting a lawsuit, though both can apply to a single claim.
Injury from a municipality failing to keep a road or sidewalk in repair carries a ten-day written notice requirement under section 44(10) of the Municipal Act, 2001, mirrored in Toronto by the City of Toronto Act, 2006. Snow or ice injuries on premises carry a sixty-day notice under section 6.1 of the Occupiers' Liability Act.
For defamation claims involving a newspaper or broadcast, the Libel and Slander Act sets a six-week notice period and a three-month limitation period to launch a lawsuit.
Section 16 lists claims with no limitation period at all, including certain sexual assault proceedings.
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Deadlines in Ontario that are not two years
The two-year default is displaced entirely in these situations. A notice deadline is separate from the deadline to start a lawsuit — both can apply to the same claim.
| Situation | Deadline | What it is for | Statute | Section |
|---|---|---|---|---|
| An action to recover land | 10 years | To start the action | Real Property Limitations Act | s. 4 |
| Money charged on land, including mortgage enforcement | 10 years | To start the action | Real Property Limitations Act | s. 23(1) |
| A covenant to repay in a mortgage | 10 years | To start the action | Real Property Limitations Act | s. 43(1) |
| Injury from a municipal road or sidewalk left in disrepair | 10 days | Written notice only — not the lawsuit deadline | Municipal Act, 2001 · City of Toronto Act, 2006 | s. 44(10) · s. 42(6) |
| Personal injury caused by snow or ice on premises | 60 days | Written notice only — not the lawsuit deadline | Occupiers’ Liability Act | s. 6.1 |
| Libel in a newspaper or broadcast | 6 wks + 3 mo | 6 weeks’ notice, then 3 months to sue | Libel and Slander Act | ss. 5(1), 6 |
| Certain listed claims (e.g. some based on sexual assault) | No limit | No limitation period at all | Limitations Act, 2002 | s. 16 |
Sources: Real Property Limitations Act (ontario.ca/laws/statute/90l15); Municipal Act, 2001 (01m25); City of Toronto Act, 2006 (06c11); Occupiers’ Liability Act (90o02); Libel and Slander Act, R.S.O. 1990, c. L.12; Limitations Act, 2002 (02l24). Nihang Law Professional Corporation · Law Society of Ontario. For general information only; not legal advice.
What Can Pause The Clock, And What Can Restart It
A limitation period does not always run continuously. It does not run while a claimant is a minor, or is incapable of starting a proceeding, and has no litigation guardian. A signed written acknowledgment of a debt may start it over.
Section 11 covers agreed resolution processes. Where the parties agree to have an independent third party help resolve the claim, the limitation period does not run while that process is underway. That can matter in mediation.
Section 13 is the provision most people have never heard of. A signed written acknowledgment of a debt may restart the limitation period from the date of that acknowledgment. In defined circumstances, a partial payment can do the same.
This cuts both ways. A debtor who emails an admission may hand a creditor a fresh two years, and a creditor holding an old invoice may find that the file is not as stale as it looks.
Contracts can vary limitation periods under section 22, though the room to shorten one is narrower outside a business agreement.
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What may pause the clock, and what may start it over
A limitation period is not always a straight run of days. In particular, a debtor’s own written admission may hand a creditor a fresh two years.
| Circumstance | Effect | What happens to the clock | Section |
|---|---|---|---|
| The claimant is a minor and has no litigation guardian | Pauses | The period does not run | s. 6 |
| The claimant is incapable of starting a proceeding and has no litigation guardian | Pauses | The period does not run | s. 7 |
| The parties agree to have an independent third party help resolve the claim | Pauses | The period does not run during that process | s. 11 |
| A signed written acknowledgment of a debt (and, in defined cases, a part payment) | Restarts | The period may start again from that date | s. 13 |
| The parties agree to change the period by contract | Varies | May extend it, and more narrowly shorten it | s. 22 |
Source: Limitations Act, 2002, ss. 6, 7, 11, 13 and 22 — ontario.ca/laws/statute/02l24. Nihang Law Professional Corporation · Law Society of Ontario. For general information only; not legal advice.
A Practical Roadmap If You Think You May Have A Claim
Nothing on this page can tell you whether your own deadline has passed. That depends on facts only a lawyer reviewing your documents can weigh. These steps help you prepare for that conversation.
- ▪Write down every date you can identify. When it happened, when you first noticed something was wrong, and when you learned who was responsible.
- ▪Gather what shows when you knew. Emails, texts, invoices, photographs and inspection reports fix a date better than memory does.
- ▪Check whether a short notice deadline may apply. If a municipality, a snow removal contractor or a publication is involved, ask about notice first.
- ▪Get the limitation assessed early. This is the step people delay longest and regret most.
- ▪Identify the right forum. Which court hears your claim depends on what you are claiming.
- ▪Start the claim. Only issuing the court document stops the clock.
Common Mistakes That Cost People Their Claim
- ▪Counting from the day it happened. The clock often starts on the day of discovery instead, which may be much later.
- ▪Assuming two years always applies. Land claims, municipal notices and defamation follow different rules.
- ▪Watching the two-year deadline and missing a notice deadline. A ten-day notice can expire long before anyone thinks about suing.
- ▪Treating a demand letter as a lawsuit. Only a court document commences a proceeding.
- ▪Assuming a payment plan or ongoing talks protect the deadline. Unless section 11 or section 13 applies, they may not.
- ▪Waiting for the insurer or the other side to respond. Their timeline is not your limitation period. If you are representing yourself, this is a common way a claim is lost.
Questions Ontario readers ask about limitation periods
How long do I have to sue someone in Ontario?
Ontario's basic limitation period is two years, set by section 4 of the Limitations Act, 2002. It typically runs from the day the claim was discovered, not the day the harm occurred. A separate fifteen-year ultimate period runs from the act or omission.
Does the clock start the day it happened, or the day I found out?
Usually the day you found out. Section 5 defines discovery as the earlier of the day you actually knew the key facts and the day a reasonable person in your circumstances ought to have known them. That presumption can be rebutted with evidence.
Can someone still sue me over a really old debt?
Possibly. The two-year period applies to most debts, but section 13 of the Limitations Act, 2002 provides that a signed written acknowledgment may start it again from the date of that acknowledgment. Whether a debt remains enforceable depends on the documents.
I just found out the work on my house was done badly. Is it too late?
Not necessarily. Discovery may occur well after the work was finished, and the two years may run from then rather than from the day the work ended. The fifteen-year ultimate period still applies. Have the dates assessed before assuming anything.
Do I have to warn the city before I sue over a fall on a sidewalk?
Typically yes. Section 44(10) of the Municipal Act, 2001 requires written notice within ten days of the injury, and the City of Toronto Act, 2006 sets the same rule in Toronto. A sixty-day notice may apply where snow or ice is involved.
How long do I have to sue over something someone posted about me?
It depends where it was published. The Libel and Slander Act sets a six-week notice period and a three-month limitation period for libel in a newspaper or a broadcast. Whether a given online post falls within those definitions is fact-specific and often disputed.
Are there any claims in Ontario with no deadline at all?
Yes. Section 16 of the Limitations Act, 2002 lists them, including certain proceedings based on sexual assault, claims seeking only a declaration, proceedings to enforce a court order, and support claims under the Family Law Act. Acting early is still typically wise.
Getting Your Deadline Assessed
A limitation question is usually settled by pinning down one date: the day the claim was discovered. That date is often later than people fear, and rarely obvious without a careful look at the documents.
If you are wondering whether it is too late, an early assessment is more useful than a guess. Qasim Ali, Principal Lawyer at Nihang Law, and our litigation team review limitation questions for clients across Toronto, Scarborough and the wider GTA.
Have Your Dates Reviewed Before The Calendar Decides For You
Contact Nihang Law to arrange a review of your limitation period.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.
About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · LSO# 71213W
He leads a full-service Ontario firm serving Toronto, Scarborough and the greater Toronto area, and practises across civil litigation, immigration, real estate, family and criminal law, with services available in English, Urdu, Punjabi, Hindi, Pashto, Gujarati, Mandarin and Korean.
Learn more about the firm →Sources & references
- ▪Limitations Act, 2002, S.O. 2002, c. 24, Sch. B — ontario.ca/…
- ▪Real Property Limitations Act, R.S.O. 1990, c. L.15 — ontario.ca/…
- ▪Occupiers’ Liability Act, R.S.O. 1990, c. O.2 — ontario.ca/…
- ▪Municipal Act, 2001, S.O. 2001, c. 25 — ontario.ca/…
- ▪City of Toronto Act, 2006, S.O. 2006, c. 11, Sch. A — ontario.ca/…
- ▪Libel and Slander Act, R.S.O. 1990, c. L.12 — canlii.org/…
Government of Ontario e-Laws and CanLII. Statutory provisions were current at the time of writing and may change; confirm the in-force version before relying on any deadline.
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