Limitations Law In Ontario: Discovering A Good Reason To Believe

When is it appropriate to contemplate a legal proceeding? It's an important consideration that should not be overlooked when calculating the applicable limitation period. A recent decision of the Ontario Court of Appeal helps to clarify this issue.

Limitations 101

Ontario's Limitations Act, 20021 establishes a two-year limitation period for most proceedings. While missing a limitation period can be fatal to a claim, it's not always clear when the clock begins to tick.

The period begins to run from the date that a claimant "discovers" their claim, having knowledge that:

the injury, loss or damage had occurred, it was caused, or contributed to, by an act or omission, by a person against whom the claim is made, and a proceeding would be a legally appropriate means to remedy it. The Act presumes that a claimant has knowledge of these criteria on the date the act or omission giving rise to the claim takes place. However, the claimant can rebut the presumption, and delay the start of the limitation period, by proving that they could not have reasonably discovered the claim until some later date.

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