Limitation Period Resources
Missing a limitation period is a lawyer’s nightmare. Although most claims are subject to the 2 year limitation period set out in the Limitations Act, 2002, there are over 40 statutes that impose limitation periods in Ontario.
LAWPRO has developed several resources to help lawyers navigate Ontario’s limitations periods and notice periods.
The Limitations and Notice Period chart reviews the limitations periods of the most common causes of action. It has been updated to hyperlink to the relevant statutes and key cases.
The Limitations and Notice Period – Real Property Limitations Act chart addresses the specific requirements that apply when dealing with actions related to real property.
Our Construction Lien Flowchart will also help lawyers determine which Act applies to a construction law matter to help determine which processes should be followed when liening a project. Note that due to COVID-19, limitation periods under the Construction Act were suspended from March 16, 2020 to April 16, 2020. See this article for more.
New 60 Day Notice Requirement in Occupiers’ Liability Act (Injury from Snow or Ice) Overview Bill 118, An Act to amend the Occupiers’ Liability Act, received royal assent on December 8, 2020 and came into force on January 29, 2021. The amendment introduces a new 60-day notice requirement for claims for personal injury caused by snow or ice which, if not met, will bar actions unless an exception applies.
To avoid missing limitation periods, use these resources, and review this article to avoid common limitation period pitfalls.