Courtready’s Ontario Limitation Period Calculator
Find out how long you have to start your Ontario civil lawsuit. The deadline isn’t always two years. Last updated: V2 – June 10, 2026.
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(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.
This tolls the 15-year ultimate limitation period. The burden of proof is on you (s. 15(5)).
It suspends both the basic (s. 4) and ultimate (s. 15) periods — but for the ultimate period, only if the claim has already been discovered (s. 22(4)).
• Discovery disputes: The date of discovery is often contested. Courts apply the “reasonable person” standard (s. 5(1)(b)), and there is a rebuttable presumption that you discovered the claim on the day the act/omission occurred (s. 5(2)).
• Contribution and indemnity (s. 18): If you are a defendant seeking contribution from another party, the limitation period runs from when you were served with the original claim.
• Business agreements (s. 22): Parties to a business agreement can vary or exclude the basic limitation period (but not the ultimate period, except to suspend/extend it if the claim has been discovered).
• Adding parties (s. 21): Once a limitation period has expired, the person cannot be added to an existing proceeding (except to correct a misnaming).
• COVID-19 emergency suspension (O. Reg. 73/20): Limitation periods were suspended from March 16 to September 13, 2020 (182 days). Per McAuley v Canada Post Corporation, 2021 ONSC 4528 and LAWPRO/PracticePRO guidance, this tool freezes the limitation clock during the suspension period. If your claim was discovered during the suspension, the clock starts September 14, 2020.
• Conflict of laws (s. 23): Ontario’s limitations law is treated as substantive law for conflict of laws purposes.
Consult a lawyer for a definitive assessment.
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Ontario Limitation Period Calculator
This free calculator helps you estimate the limitation period for starting a civil lawsuit in Ontario under the Limitations Act, 2002. It walks you through the basic two-year limitation period, the fifteen-year ultimate limitation period, the discovery rule in section 5, and the main exceptions and tolling provisions, then estimates the deadline to file your claim. Whether you are asking is it too late to sue or simply confirming a deadline, the tool lays out each step in plain language. Check out our other free tools below.
The two-year period is not always the answer. Many Ontario statutes set their own limitation periods that are preserved under section 19 and override the general rule (for example, the Insurance Act, the Construction Act, and the Libel and Slander Act), some claims have no limitation period at all under section 16, and the date a claim was discovered is often contested. If a special period might apply, check our Special Limitation Periods tool, and read the Act itself on e-Laws.
Disclaimer: This tool is provided for reference purposes only and does not constitute legal advice. Limitation periods turn on fact-specific legal judgments, especially around when a claim was discovered, so always verify any deadline against the current Limitations Act, 2002 and seek advice from a qualified Ontario lawyer before relying on it. For questions or to report an error, please email Tom at tom [at] courtready.ca.
Common Questions
What is the limitation period to sue in Ontario?
In most cases you have two years to start a civil lawsuit in Ontario, under the Limitations Act, 2002. This is called the basic limitation period, and it runs from the day you discovered your claim rather than from the day the event happened. Some claims follow a different period set by another statute, and a few have no limitation period at all, so two years is the general rule rather than a universal one.
When does the limitation period start to run?
The clock usually starts on the date you discovered the claim, not the date of the event. Under section 5, a claim is discovered on the earlier of when you actually knew, or when a reasonable person in your circumstances ought to have known, four things: that injury, loss, or damage occurred; 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 address it. The law presumes you knew all of this on the day the act or omission took place unless you prove otherwise.
What is the ultimate limitation period in Ontario?
Separate from the two-year period, Ontario has a fifteen-year ultimate limitation period under section 15. It runs from the day the act or omission took place, regardless of when the claim was discovered, and sets an absolute backstop after which most claims can no longer be brought. The fifteen-year clock can be paused in limited situations, such as while a claimant is a minor or incapable, or where the responsible party wilfully concealed the claim.
Can the limitation period be paused or extended?
Yes, in specific situations the limitation clock can be suspended. It is paused while a potential claimant is a minor (section 6) or is incapable of starting a proceeding (section 7) and has no litigation guardian to act for them, and while both parties have agreed to use an independent third party, such as a mediator, to try to resolve the claim (section 11). A signed written acknowledgment of liability can restart the clock for certain debt and property claims (section 13), and the parties can agree in writing to suspend or extend the period through a tolling agreement (section 22).
Are there claims with no limitation period in Ontario?
Yes. Section 16 lists claims that have no limitation period, including proceedings based on a sexual assault, certain assaults in a dependent or intimate relationship, claims seeking only a declaration, proceedings to enforce a court order, and claims to obtain or enforce support under the Family Law Act. Even where no limitation period applies, it is still wise to act promptly, because long delay can weaken a claim through other legal doctrines.
Does every Ontario claim have a two-year limitation period?
No. Under section 19, a limitation period in another Ontario statute has no effect unless the provision is listed in the Schedule to the Limitations Act, 2002. The Schedule preserves dozens of special periods, including those in the Insurance Act, the Construction Act, and the Libel and Slander Act, which can be shorter or longer than two years and may carry their own notice requirements. If you think a special period might apply, check our Special Limitation Periods tool and the specific statute.
What happens if I miss the limitation period?
If the limitation period has expired, your claim is generally statute-barred, which means the other side can raise the missed deadline as a complete defence and the court can dismiss the claim no matter how strong it is on the merits. Because the deadline often turns on the contested question of when the claim was discovered, you should not assume it is too late without advice. If a deadline may be approaching or recently passed, speak with a qualified Ontario lawyer as soon as possible.
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