Grigoras Law's Toronto litigation lawyers built this page for the person who wants to know, before anything else, how long they have. Choose the kind of claim, enter the day of the act or omission and, if it is later, the day you first knew of the claim, and the page computes the last day to issue the claim, in your browser, with nothing sent or stored, with the periods the Act stops running and the notices some claims need first. Our article on limitation periods in Ontario explains the same rules at length.
The two (2) years run from the day the claim was discovered, which the Act presumes to be the day of the act or omission unless the claimant proves a later day (s. 5(2)), so the page computes from the day of the act first and, where you enter a later day of knowledge, shows that date beside it. A last day that falls on a Saturday, a Sunday, a holiday or any other day the court office is closed runs to the next day it is open (Legislation Act, 2006, ss. 89(1) and (2)); the pandemic suspension is applied where it falls within the period.
Choose the kind of claim and enter the day of the act or omission, and the dates appear here, the earliest first and the rule behind each date under a toggle. Where a last day falls on a day the court office is closed, the page shows the day by the count and the day the rule extends it to; where the pandemic suspension falls within the period, it shows both counts.
Discovery. The two (2) years run from the earlier of the day the claimant first knew the four (4) matters in s. 5(1)(a) (that the loss occurred, that an act or omission caused it, that it was the defendant's, and that a proceeding would be an appropriate means to remedy it) and the day a reasonable person in the claimant's circumstances first ought to have known them (s. 5(1)(b)). A claim is discovered when the claimant has knowledge, actual or constructive, of the material facts on which a plausible inference of liability can be drawn (Grant Thornton LLP v. New Brunswick, 2021 SCC 31, at ¶ 42); certainty of liability and the full extent of the loss are not required. Whether a proceeding was an "appropriate means" depends on the facts and the statutory setting of each case, and an alternative process that the claimant was reasonably pursuing can postpone the day (407 ETR Concession Co. v. Day, 2016 ONCA 709, at ¶ 33; Presidential MSH Corp. v. Marr, Foster & Co. LLP, 2017 ONCA 325). The presumption in s. 5(2) places the burden on the claimant, so the date computed from the day of the act is the one to act on unless a lawyer who has reviewed the facts says otherwise.
The pandemic suspension. Every limitation period under an Ontario statute, regulation, rule, by-law or order was suspended by O. Reg. 73/20, retroactive to March 16, 2020, until the regulation was revoked on September 14, 2020 (O. Reg. 457/20), with the Construction Act periods resuming on April 16, 2020 (s. 4 of the regulation). The Court of Appeal counts the suspension as 182 days, from March 16 to September 13, 2020 (RCG Islington 401 LP v. Toronto (City), 2026 ONCA 168, at ¶ 6); several Superior Court decisions count 183 days, to September 14 (McAuley v. Canada Post Corp., 2021 ONSC 4528 and the cases following it). The page uses 182 and shows the 183-day date beside it where the two differ; act on the earlier day. A period that had expired before March 16, 2020 was not revived, and a claim discovered during the suspension ran from September 14, 2020.
Minors and incapable persons. The two (2) year and fifteen (15) year periods do not run while the claimant is a minor, or is incapable of commencing a proceeding because of a physical, mental or psychological condition, and in either case has no litigation guardian in relation to the claim (ss. 6, 7(1), 15(4)(a) and (b)); capacity is presumed and the claimant must prove incapacity (s. 7(2)). A litigation guardian ends the postponement, and a potential defendant may move to have one appointed (ss. 8 and 9). Where an incapacity ends with less than six (6) months to run, the period runs to six (6) months after it ends (s. 7(3)). The page applies minority from the date of birth and incapacity from the day of the act to the day you enter; an incapacity that began later, or came and went, needs a lawyer's computation.
Acknowledgments and part payments. For a claim for a liquidated sum, the recovery of personal property or a charge on personal property, a written acknowledgment of liability signed by the debtor or the debtor's agent, made to the creditor or the creditor's agent before the period expires, deems the act or omission to have taken place on the day of the acknowledgment, so the periods restart from that day (ss. 13(1), (9) and (10)); a part payment of a liquidated sum has the same effect (s. 13(11)). An acknowledgment made after the period expired does nothing, and a notice of possible claim is not an acknowledgment (s. 14(5)).
Agreements, attempted resolution and notices of possible claim. A limitation period under the Act applies despite any agreement to vary or exclude it, except that the two (2) year period may be suspended or extended by an agreement made on or after October 19, 2006, and, between parties none of whom is a consumer, varied or excluded altogether; the fifteen (15) year period may be suspended or extended by agreement only once the claim has been discovered (s. 22). Where the parties have agreed to have an independent third party resolve the claim or help them resolve it, the periods do not run from the agreement until the claim is resolved or the process ends (s. 11). A potential defendant may serve a notice of possible claim, which a court may consider in deciding when the period began to run (s. 14). A tolling agreement must be in writing and signed; a conversation is not one.
The notice is a condition of the action. No action may be brought for an injury from the non-repair of a municipal highway, bridge or sidewalk unless written notice of the claim and of the injury, with the date, time and location, was served on or sent by registered mail to the clerk within ten (10) days after the occurrence (Municipal Act, 2001, s. 44(10); City of Toronto Act, 2006, s. 42(6)), and no action for a personal injury caused by snow or ice against an occupier or a snow-removal contractor unless written notice with the date, time and location was personally served on or sent by registered mail to one of them within sixty (60) days after the occurrence (Occupiers' Liability Act, s. 6.1(1)). Want of notice is excused only where the injured person died of the injury, or where a judge finds a reasonable excuse and no prejudice to the defence. The notice period runs from the occurrence, so the discoverability rules of the Limitations Act, 2002 do not postpone it, and the two (2) year period runs alongside it; under the Occupiers' Liability Act, notice to any one occupier or contractor is enough for the action against the others (s. 6.1(7)).
Claims against the Province. No proceeding that includes a claim for damages may be brought against the Crown unless the claimant served notice of the claim on the Crown at least sixty (60) days before commencing it, with sufficient particulars to identify the occasion out of which the claim arose, in the manner s. 15 prescribes (Crown Liability and Proceedings Act, 2019, s. 18(1)); a proceeding brought without the notice is a nullity (s. 18(6)). Where the notice is served before the limitation period expires but the sixty (60) days end after it, the period is extended to the last instant of the seventh day after the sixty (60) days end (s. 18(3)). A claim for breach of a duty respecting property under s. 8(1)(b) needs notice within ten (10) days after the event (s. 18(4)). The Act also bars some claims altogether and requires leave for others; read it with a lawyer before relying on any date.
Estates. An action by or against the executor or administrator of a deceased person for a tort or injury to the person or property, other than libel and slander, shall not be brought after the expiration of two (2) years from the death (Trustee Act, s. 38(3)), and the dependants' claims under s. 61 of the Family Law Act that derive from such an action are governed by the same period. The period is absolute, runs from the death whether or not the claim was known, and is not tolled by the discoverability rules of the Limitations Act, 2002 (Levesque v. Crampton Estate, 2017 ONCA 455, at ¶¶ 47 and 51; Beaudoin Estate v. Campbellford Memorial Hospital, 2021 ONCA 57, at ¶ 17); the equitable doctrine of fraudulent concealment can suspend it (Levesque, at ¶ 56), and ss. 6, 7 and 11 of the Limitations Act, 2002 apply to it (s. 19(5)). A claim against an estate that is not for a tort (a debt, a contract) follows the general periods.
Defamation. The two (2) years under the Limitations Act, 2002 apply to every defamation claim, but a libel in a newspaper or in a broadcast from a station in Ontario needs a written notice within six (6) weeks after the libel came to the claimant's knowledge and an action within three (3) months (Libel and Slander Act, ss. 5(1) and 6, the latter preserved by the Schedule to the Limitations Act, 2002). The firm's notice of libel deadline calculator computes those dates, with the cases on online publications.
Contribution and indemnity. Section 18 deems the day the defendant was served with the claim against it to be the day of the act or omission, which fixes the presumptive start of the two (2) years and the start of the fifteen (15) years; the presumption can be rebutted where the claim for contribution was discovered later (Mega International Commercial Bank (Canada) v. Yung, 2018 ONCA 429, at ¶¶ 67 and 74). A crossclaim or third party claim out of time cannot be rescued by adding the party to the existing proceeding (s. 21(1)).
Demand obligations. For a demand obligation created on or after January 1, 2004, the injury, loss or damage occurs on the first day on which there is a failure to perform once a demand has been made (s. 5(3)), and the act or omission is taken to occur on that day for the ultimate period (s. 15(6)(c)); until a demand is made, neither period runs. A demand obligation created before that day follows the law as it stood, under which time could run from the day the obligation was created; a lawyer should read the instrument.
No limitation period, and the Schedule. There is no limitation period for a proceeding based on a sexual assault, or on other sexual misconduct or an assault in the circumstances s. 16(1)(h.1) and (h.2) describe, whenever the act occurred (ss. 16(1) and (1.1)), nor for a declaration without consequential relief, the enforcement of a court order, support under the Family Law Act and the other proceedings in s. 16. An undiscovered environmental claim has no limitation period (s. 17). A limitation period in another Ontario statute applies to a claim under this Act only if the provision is listed in the Schedule (s. 19); the Schedule preserves, among others, the Arbitration Act, 1991, s. 52(3), the Business Corporations Act, ss. 157(2), 185(18) and (19), 188(9), (13) and (14) and 189(5), the Construction Act, ss. 13.18(2), 13.20(2), 31 and 36, the Estates Act, ss. 44(2), 45(2) and 47, the Family Law Act, s. 7(3), the Insurance Act, s. 148, statutory condition 14, and s. 259.1, the Libel and Slander Act, s. 6, the Securities Act, ss. 129.1, 136(6), 138 and 138.14, the Succession Law Reform Act, s. 61, and the Trustee Act, s. 38(3). Claims about land are under the Real Property Limitations Act (s. 2(1)(a)), and acts or omissions before January 1, 2004 are governed by the transition rules in s. 24.
Saturdays, Sundays and holidays. A proceeding is commenced by issuing the originating process in the court office, so a limitation period that ends on a Sunday or a holiday under s. 88 of the Legislation Act, 2006 runs to the next day that is not one (s. 89(1)), and one that ends on a day the office is closed, Saturday, the Civic Holiday and the observed days included, runs to the next day the office is open (s. 89(2); Kapularic v. Longphee (1990), 42 C.P.C. (2d) 313 (Ont. H.C.J.), at ¶¶ 12-17; Ashford v. Johnson, 2014 ONSC 5825 (Div. Ct.), at ¶¶ 18-20; Golberg v. North East Community Care Access Centre, 2018 ONSC 294, at ¶ 8). A document submitted through the online portals is issued on the date in the registrar's confirmation (rules 4.05.2(9) and 4.05.2.1(5) of the Rules of Civil Procedure), so the portal does not make a Saturday a filing day. A notice served on a clerk, an occupier or the Crown is not filed in an office, so a Saturday last day for a notice is not moved; serve it on the Friday. The anniversary of February 29 is February 28 in a year that has no February 29 (s. 89(7)). The page computes the holidays of every year by rule. It cannot know a day fixed as a holiday by proclamation of the Governor General or the Lieutenant Governor (s. 88(2), para. 12). No official list of such days exists; a proclamation would be published in The Ontario Gazette or the Canada Gazette, and none has been made in recent years (for September 19, 2022, the day of Queen Elizabeth II's funeral, the federal proclamation asked Canadians to set the day aside, and Ontario declared a day of mourning rather than a holiday). Nor can it know a day the courts close without a holiday. Since 2021 the Ontario courts have closed their counters on September 30, the National Day for Truth and Reconciliation, or on the following Monday when it falls on a weekend, under a yearly statement of the three Chief Justices, and a courthouse can close for weather or another emergency. Under s. 89(2) of the Legislation Act, 2006, a time limit that expires on a day the place for filing is not open during its regular hours runs to the next day it is open, but September 30 is not a holiday under s. 88 of that Act or rule 1.03 of the Rules of Civil Procedure, and the online portals stay open, so where a date on this page falls on it, act before it. The courts post their notices at ontariocourts.ca.
What the page does not compute. The periods the Schedule preserves (securities claims, construction liens and adjudications, insurance claims, the listed applications under the corporate statutes, estates matters under the Estates Act and the Succession Law Reform Act, family law claims under s. 7(3) of the Family Law Act, and municipal and election matters); claims about land under the Real Property Limitations Act; applications to tribunals (the Human Rights Tribunal, the Landlord and Tenant Board, the Licence Appeal Tribunal, the Ontario Labour Relations Board and the others), which carry their own periods; the notices required before suing other public bodies; and the time for a proceeding to which the transition rules in s. 24 apply. Where a statute names the claim you have, read that statute with a lawyer before relying on any date here.
The Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, as consolidated on e-Laws and current to October 21, 2026, with the regulation and the other provisions the calculator applies.
The basic period and discovery, ss. 4 and 54 Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.
5(1) A claim is discovered on the earlier of, (a) the day on which the person with the claim first knew, (i) that the injury, loss or damage had occurred, (ii) that the injury, loss or damage was caused by or contributed to by an act or omission, (iii) that the act or omission was that of the person against whom the claim is made, and (iv) that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and (b) the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a). (2) A person with a claim shall be presumed to have known of the matters referred to in clause (1)(a) on the day the act or omission on which the claim is based took place, unless the contrary is proved. (3) For the purposes of subclause (1)(a)(i), the day on which injury, loss or damage occurs in relation to a demand obligation is the first day on which there is a failure to perform the obligation, once a demand for the performance is made. (4) Subsection (3) applies in respect of every demand obligation created on or after January 1, 2004.
Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, ss. 4 and 5
Minors, incapable persons and acknowledgments, ss. 6, 7 and 136 The limitation period established by section 4 does not run during any time in which the person with the claim, (a) is a minor; and (b) is not represented by a litigation guardian in relation to the claim.
7(1) The limitation period established by section 4 does not run during any time in which the person with the claim, (a) is incapable of commencing a proceeding in respect of the claim because of his or her physical, mental or psychological condition; and (b) is not represented by a litigation guardian in relation to the claim. (2) A person shall be presumed to have been capable of commencing a proceeding in respect of a claim at all times unless the contrary is proved. (3) If the running of a limitation period is postponed or suspended under this section and the period has less than six months to run when the postponement or suspension ends, the period is extended to include the day that is six months after the day on which the postponement or suspension ends.
13(1) If a person acknowledges liability in respect of a claim for payment of a liquidated sum, the recovery of personal property, the enforcement of a charge on personal property or relief from enforcement of a charge on personal property, the act or omission on which the claim is based shall be deemed to have taken place on the day on which the acknowledgment was made. (9) This section does not apply unless the acknowledgment is made to the person with the claim, the person's agent or an official receiver or trustee acting under the Bankruptcy and Insolvency Act (Canada) before the expiry of the limitation period applicable to the claim. (10) Subsections (1), (2), (3), (6) and (7) do not apply unless the acknowledgment is in writing and signed by the person making it or the person's agent. (11) In the case of a claim for payment of a liquidated sum, part payment of the sum by the person against whom the claim is made or by the person's agent has the same effect as the acknowledgment referred to in subsection (10).
Limitations Act, 2002, ss. 6, 7 and 13
The ultimate period, s. 15; contribution and indemnity, s. 1815(1) Even if the limitation period established by any other section of this Act in respect of a claim has not expired, no proceeding shall be commenced in respect of the claim after the expiry of a limitation period established by this section. (2) No proceeding shall be commenced in respect of any claim after the 15th anniversary of the day on which the act or omission on which the claim is based took place. (4) The limitation period established by subsection (2) does not run during any time in which, (a) the person with the claim, (i) is incapable of commencing a proceeding in respect of the claim because of his or her physical, mental or psychological condition, and (ii) is not represented by a litigation guardian in relation to the claim; (b) the person with the claim is a minor and is not represented by a litigation guardian in relation to the claim; or (c) the person against whom the claim is made, (i) wilfully conceals from the person with the claim the fact that injury, loss or damage has occurred, that it was caused by or contributed to by an act or omission or that the act or omission was that of the person against whom the claim is made, or (ii) wilfully misleads the person with the claim as to the appropriateness of a proceeding as a means of remedying the injury, loss or damage. (6) For the purposes of this section, the day an act or omission on which a claim is based takes place is, (a) in the case of a continuous act or omission, the day on which the act or omission ceases; (b) in the case of a series of acts or omissions in respect of the same obligation, the day on which the last act or omission in the series occurs; (c) in the case of an act or omission in respect of a demand obligation, the first day on which there is a failure to perform the obligation, once a demand for the performance is made.
18(1) For the purposes of subsection 5(2) and section 15, in the case of a claim by one alleged wrongdoer against another for contribution and indemnity, the day on which the first alleged wrongdoer was served with the claim in respect of which contribution and indemnity is sought shall be deemed to be the day the act or omission on which that alleged wrongdoer's claim is based took place. (2) Subsection (1) applies whether the right to contribution and indemnity arises in respect of a tort or otherwise.
Limitations Act, 2002, ss. 15 and 18
Other Acts and agreements, ss. 19 and 22; the suspension, O. Reg. 73/20, s. 119(1) A limitation period set out in or under another Act that applies to a claim to which this Act applies is of no effect unless, (a) the provision establishing it is listed in the Schedule to this Act; or (b) the provision establishing it, (i) is in existence on January 1, 2004, and (ii) incorporates by reference a provision listed in the Schedule to this Act. (5) Sections 6, 7 and 11 apply, with necessary modifications, to a limitation period established by a provision referred to in subsection (1).
22(1) A limitation period under this Act applies despite any agreement to vary or exclude it, subject only to the exceptions in subsections (2) to (6). (3) A limitation period under this Act, other than one established by section 15, may be suspended or extended by an agreement made on or after October 19, 2006. (4) A limitation period established by section 15 may be suspended or extended by an agreement made on or after October 19, 2006, but only if the relevant claim has been discovered. (5) The following exceptions apply only in respect of business agreements: 1. A limitation period under this Act, other than one established by section 15, may be varied or excluded by an agreement made on or after October 19, 2006. 2. A limitation period established by section 15 may be varied by an agreement made on or after October 19, 2006, except that it may be suspended or extended only in accordance with subsection (4).
O. Reg. 73/20, s. 1 Any provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing any limitation period shall be suspended, and the suspension shall be retroactive to Monday, March 16, 2020. [Revoked on September 14, 2020, by O. Reg. 457/20, s. 1.]
Limitations Act, 2002, ss. 19 and 22; O. Reg. 73/20
The notices that come firstMunicipal Act, 2001, s. 44(10) No action shall be brought for the recovery of damages under subsection (2) unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of, including the date, time and location of the occurrence, has been served upon or sent by registered mail to, (a) the clerk of the municipality; or (b) if the claim is against two or more municipalities jointly responsible for the repair of the highway or bridge, the clerk of each of the municipalities. (12) Failure to give notice or insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or the insufficiency of the notice and that the municipality is not prejudiced in its defence. [City of Toronto Act, 2006, ss. 42(6) and (8) are to the same effect for the City.]
Occupiers' Liability Act, s. 6.1(1) No action shall be brought for the recovery of damages for personal injury caused by snow or ice against a person or persons listed in subsection (2) unless, within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection (2). (2) The persons referred to in subsection (1) are the following: 1. An occupier. 2. An independent contractor employed by the occupier to remove snow or ice on the premises during the relevant period in which the injury occurred. (6) Failure to give notice in accordance with subsection (1) or insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or the insufficiency of the notice and that the defendant is not prejudiced in its defence.
Crown Liability and Proceedings Act, 2019, s. 18(1) No proceeding that includes a claim for damages may be brought against the Crown unless, at least 60 days before the commencement of the proceeding, the claimant serves on the Crown, in accordance with section 15, notice of the claim containing sufficient particulars to identify the occasion out of which the claim arose. (3) If a notice of claim is served under subsection (1) before the expiry of a limitation period applicable with respect to the claim but the 60-day period referred to in that subsection ends after the expiry of the limitation period, the limitation period is extended to the last instant of the seventh day following the end of the 60-day period. (6) For greater certainty, failure to give notice of a claim as required by this section renders a proceeding brought without such notice a nullity in respect of the claim, from the time the proceeding is brought.
Municipal Act, 2001, s. 44; City of Toronto Act, 2006, s. 42; Occupiers' Liability Act, s. 6.1; Crown Liability and Proceedings Act, 2019, s. 18
Estates, Trustee Act, s. 38; computation of time, Legislation Act, 2006, s. 89Trustee Act, s. 38(3) An action under this section shall not be brought after the expiration of two years from the death of the deceased.
Legislation Act, 2006, s. 89(1) Time limits that would otherwise expire on a holiday are extended to include the next day that is not a holiday. (2) Time limits for registering or filing documents or for doing anything else that expire on a day when the place for doing so is not open during its regular hours of business are extended to include the next day the place is open during its regular hours of business. (5) A period of time described as beginning before or after a specified day excludes that day. (7) The anniversary of an event that took place on February 29 falls on February 28, except in a leap year.
Trustee Act, R.S.O. 1990, c. T.23, s. 38; Legislation Act, 2006, s. 89
Short answers to the questions that come with the claim. For anything specific to your situation, the answer has to come from a lawyer you have retained.
On the day the claim was discovered, which is the earlier of the day you first knew the four (4) matters in s. 5(1)(a) and the day a reasonable person in your circumstances ought to have known them, and the period ends on the second anniversary of that day (s. 4). The Act presumes you knew on the day of the act or omission (s. 5(2)), and the burden of proving a later day is yours, so the date computed from the day of the act is the one to plan around. Discovery does not wait for certainty, for a lawyer's opinion or for the full extent of the loss; it needs the material facts on which a plausible inference of liability can be drawn (Grant Thornton LLP v. New Brunswick, 2021 SCC 31, at ¶ 42).
An outer limit. Whatever the discovery date, no proceeding may be commenced after the fifteenth anniversary of the day of the act or omission (s. 15(2)); for a continuing act, the day it ceased, and for a series of acts in respect of the same obligation, the day of the last (s. 15(6)). It does not run while the claimant is a minor or incapable without a litigation guardian, or while the defendant wilfully conceals the claim or misleads the claimant about the appropriateness of a proceeding (s. 15(4)), and it does not apply to the claims in s. 16, including sexual assault. The page shows it beside the two (2) year date and leads with it where it ends first.
O. Reg. 73/20 suspended every limitation period under Ontario law from March 16, 2020 until the regulation was revoked on September 14, 2020. A period that was running on March 16, 2020 stopped and resumed on September 14, 2020, so its last day moved later by the length of the suspension; a claim discovered during the suspension started running on September 14, 2020. The Court of Appeal counts the suspension as 182 days, from March 16 to September 13, 2020 (RCG Islington 401 LP v. Toronto (City), 2026 ONCA 168, at ¶ 6); several Superior Court decisions have counted 183 days, to September 14. The page computes with 182 days and, where the two counts give different days, shows both; act on the earlier. A period that had already expired before March 16, 2020 was not revived.
Then neither period ran while you were a minor without a litigation guardian (ss. 6 and 15(4)(b)); both started on your eighteenth (18th) birthday, and the two (2) years end about two (2) years after it. Tick the box and enter the date of birth, and the page computes from the birthday. A litigation guardian acting for a minor ends the postponement (s. 8), and a potential defendant can move to have one appointed so that the clock starts (s. 9). A proceeding based on a sexual assault, or on sexual misconduct or an assault against a minor in the circumstances s. 16 describes, has no limitation period at all.
If the claim is for a fixed sum of money, the recovery of personal property or a charge on personal property, a written acknowledgment of liability signed by the debtor or the debtor's agent and made to you or your agent before the period expired restarts both periods from the day it was made (ss. 13(1), (9) and (10)), and a part payment has the same effect (s. 13(11)). An e-mail that admits the debt and is signed, even by a typed name, may qualify; a conversation does not. An acknowledgment made after the period expired does not revive the claim. Enter the date and the page computes from it.
The two (2) years apply, but they are not the first deadline. No action may be brought for an injury from the non-repair of a municipal road, sidewalk or bridge unless written notice of the claim and of the injury, with the date, time and location, was served on or sent by registered mail to the clerk within ten (10) days after the occurrence (Municipal Act, 2001, s. 44(10); City of Toronto Act, 2006, s. 42(6)), and a municipality is not liable for a personal injury caused by snow or ice on a sidewalk except in a case of gross negligence (ss. 44(9) and 42(5)). For snow or ice on private premises the notice goes to the occupier or the snow-removal contractor within sixty (60) days (Occupiers' Liability Act, s. 6.1). A judge may excuse a late or deficient notice where there is a reasonable excuse and no prejudice, but that is a motion and a risk; send the notice at once.
Yes, in writing. The two (2) year period may be suspended or extended by an agreement made on or after October 19, 2006, and between parties none of whom is a consumer it may be varied or excluded; the fifteen (15) year period may be suspended or extended only once the claim has been discovered (s. 22). A tolling agreement should name the claim, the period and the day the suspension ends. Where the parties have agreed to have an independent third party, such as a mediator or an arbitrator, resolve the claim or help them resolve it, the periods do not run from the agreement until the claim is resolved or the process ends (s. 11). Negotiating without such an agreement does not stop the clock.
A claim is commenced by issuing it in the court office, and s. 89(2) of the Legislation Act, 2006 extends a time limit for filing a document that ends on a day the place for filing is not open to the next day it is open, so a last day that falls on a Saturday, a Sunday or a holiday runs to the Monday, or to the next day the office is open after a long weekend. The Ontario High Court applied the predecessor provision to a two-year period that ended on a Saturday in Kapularic v. Longphee (1990), 42 C.P.C. (2d) 313, the Divisional Court applied s. 89 to a period that ended on the Saturday of the Labour Day weekend in Ashford v. Johnson, 2014 ONSC 5825, and the Superior Court applied s. 89(1) to a Trustee Act period that ended on a Sunday in Golberg v. North East Community Care Access Centre, 2018 ONSC 294. The online portals do not change the answer, because a document submitted through them is issued on the date in the registrar's confirmation. The safe course in every case is to issue on the Friday.
Any claim a statute in the Schedule governs with its own period, including securities claims, construction liens and adjudications, insurance claims, the listed applications under the corporate statutes, estates matters under the Estates Act and the Succession Law Reform Act, and municipal and election matters; claims about land, which are under the Real Property Limitations Act; family law claims; applications to tribunals, each with its own period; the notices required before suing other public bodies; and acts or omissions before January 1, 2004, which the transition rules in s. 24 govern. For those, the page's general dates may be wrong in either direction, and the statute must be read first.
The statutes as consolidated on e-Laws, the decisions on discovery, the suspension and the special periods, and the firm's pages on limitation periods and litigation. The page is reviewed when the law changes; the last review date is shown in the results.
The dates above are general information, computed in your browser from what you entered, about Ontario law as it stood on the review date shown in the results. They are not advice about your matter, and they do not say whether you have a claim or when a court would find it was discovered. Grigoras Law does not give advice about a deadline to anyone who is not its client. A message, a telephone call or an intake form about a date on this page does not retain the firm, does not create a lawyer-client relationship, will not be answered on the deadline, and does not stop any period from running; only the step itself does that. If you want advice on your own dates, retain a lawyer, and do it well before the earliest date shown; the retainer comes first, the advice after.
