Ontario Limitation Period Calculator

Limitation Period Calculator

Three short questions — the same ones a lawyer asks in a first call. The result shows which rule it applied, so you can see the reasoning.

Step One of Three

What kind of claim is this?

Different claims run on different clocks — this routes you to the right rule.

The four most common claim types:

Type of Claim — Full List *

Support arrears generally have no limitation period

There is no limitation period for a proceeding to obtain support under the Family Law Act or to enforce support in a contract or agreement that could be filed under s. 35 of that Act (s. 16(1)(c) of the Limitations Act, 2002) — so support arrears under a court order or a qualifying domestic agreement do not expire after two years. Enforcement mechanics (the Family Responsibility Office, garnishment, writs) have their own steps, and older arrears can face practical pushback — speak to a family law lawyer about the best route.

Good news — Ontario judgments have no limitation period

Under s. 16(1)(b) of the Limitations Act, 2002, there is no limitation period for a proceeding to enforce an order of an Ontario court. You can still pursue the judgment debtor years later — although enforcement tools (garnishment, writs of seizure and sale) have their own procedural steps, and the practical odds of collecting can fade with time. This rule does NOT apply to judgments from outside Ontario: enforcing a judgment from another province or another country generally requires an Ontario proceeding subject to the ordinary two-year limitation period, running at the earliest from when appeal rights on the original judgment were exhausted (Independence Plaza v Figliolini, 2017 ONCA 44); judgments from most other Canadian provinces can alternatively be registered under the Reciprocal Enforcement of Judgments Act within six years. If your judgment is not from an Ontario court, speak to a lawyer about this deadline promptly — do not rely on this tool for it.

Arbitration awards have their own enforcement deadlines

An arbitration award is not a court judgment — enforcing it has its own clock. For a domestic Ontario award, the application to enforce may not be made more than two years after the day you received the award (Arbitration Act, 1991, s. 52(3) — preserved by the Schedule to the Limitations Act, 2002). International commercial awards have a separate, longer window under the International Commercial Arbitration Act, 2017. Which regime applies, and when the clock started, are technical questions — speak to a lawyer about this deadline promptly and do not rely on this tool for it.

A special two-years-from-death rule likely applies

Tort claims by or against an estate are subject to s. 38(3) of the Trustee Act: the action "shall not be brought after the expiration of two years from the death of the deceased" — a hard deadline that runs from the date of death, not from discovery. This provision overrides the usual two-year rule (it is listed in the Schedule to s. 19 of the Limitations Act, 2002). Courts apply it strictly. If the person with the claim was a minor or incapable, or the parties agreed to an independent third-party resolution process, even this special deadline may be paused (ss. 6, 7 and 11, via s. 19(5)) — tell the lawyer. Speak to a lawyer about this deadline promptly — do not rely on this tool for it.

One-year insurance deadlines may apply

Some first-party insurance claims have one-year limitation periods preserved by the Schedule to the Limitations Act, 2002: fire/property policies — "absolutely barred unless commenced within one year next after the loss or damage occurs" (Insurance Act, s. 148, Statutory Condition 14); loss or damage to an automobile — one year (s. 259.1). Other coverage disputes may follow the two-year rule instead, and the case law on which period applies is technical. Minority, incapacity, or an agreed third-party resolution process can pause even these special periods (ss. 6, 7 and 11, via s. 19(5)). Get advice on the exact deadline for your policy — do not rely on this tool for it.

Employment claims have several different clocks — some much shorter than two years

A civil claim (wrongful dismissal, unpaid wages or commissions as a breach of contract) generally follows the ordinary two-year rule from the dismissal or missed payment. But the alternatives expire faster: a human rights application to the HRTO must be filed within one year of the last incident (Human Rights Code, s. 34(1)); Ministry of Labour complaints under the Employment Standards Act, 2000 have a two-year window with capped recovery; and federally regulated employees (banks, airlines, telecoms) have short Canada Labour Code windows — unjust-dismissal complaints within 90 days. Choosing a route changes the deadline and what you can recover — get advice early.

Consumer Protection Act remedies have short, separate windows

An ordinary lawsuit against the business (breach of contract, misrepresentation) follows the two-year rule. But the stronger Consumer Protection Act, 2002 remedies have their own clocks: rescinding an agreement induced by an unfair practice (false, misleading or unconscionable representation) requires written notice within one year after entering the agreement (s. 18), and the cooling-off / cancellation windows for specific agreement types (direct agreements, gym memberships, timeshares) are measured in days. If a seller misled you, get advice quickly — the best remedy may expire long before the two years do.

Franchise rescission windows are hard deadlines from signing

Franchisees have powerful rescission rights under the Arthur Wishart Act (Franchise Disclosure), 2000, but they run from signing, not from discovery: rescission for a deficient disclosure document — 60 days; rescission where no disclosure document was ever provided — 2 years (s. 6). Misrepresentation and ordinary breach claims follow the two-year Limitations Act rule from discovery. The rescission windows are unforgiving and the remedy is dramatic (full refund of losses) — speak to a franchise lawyer immediately and do not rely on this tool for these deadlines.

Very short defamation deadlines — act immediately

For libel in a newspaper or broadcast, the Libel and Slander Act requires written notice within six weeks after the libel came to your knowledge (s. 5(1)), and the action must be started within three months of knowledge (s. 6 — preserved by the Schedule to the Limitations Act, 2002). Whether internet publications count as a "broadcast" is fact-specific, and other defamation claims follow the two-year rule. Minority, incapacity, or an agreed third-party resolution process can pause even these special periods (ss. 6, 7 and 11, via s. 19(5)). These deadlines are unforgiving — speak to a lawyer immediately, and do not rely on this tool for them.

Construction Act deadlines are their own regime

Construction disputes carry short, technical deadlines under the Construction Act: lien preservation and perfection under ss. 31 and 36, and the adjudication-related periods in ss. 13.18(2) and 13.20(2) — all preserved by the Schedule to the Limitations Act, 2002. Breach-of-contract claims on a construction project may still follow the two-year rule, but lien rights expire in weeks, not years. Minority, incapacity, or an agreed third-party resolution process can pause Schedule periods (ss. 6, 7 and 11, via s. 19(5)). Get advice immediately — do not rely on this tool for lien deadlines. (A homeowner simply suing a contractor over defective work, with no lien involved, can run the ordinary two-year date through "Breach of contract / defective work or services.")

Most residential tenancy claims belong at the LTB

The Landlord and Tenant Board has exclusive jurisdiction over most residential tenancy matters under the Residential Tenancies Act, 2006, and LTB money applications have their own windows — e.g. one year to apply for money collected or retained in contravention of the Act (s. 135(4)), which covers things like an illegally kept deposit. Whether a claim can go to Small Claims Court instead (for example, against a former tenant) is a technical jurisdictional question that has shifted in recent case law. Note: roommates sharing with the owner and most boarders are usually not covered by the RTA — their money claims go through the ordinary courts (pick the matching claim type instead). Get advice on the right forum and deadline before relying on any date.

These claims fall outside the usual two-year rule

The Limitations Act, 2002 does not apply to proceedings governed by the Real Property Limitations Act (s. 2(1)(a)). Under the RPLA: recovery of land or rent — ten years (s. 4); arrears of genuine rent — six years (s. 17(1); what counts as "rent" has an objective legal meaning — Pinnacle v Torstar, 2024 ONCA 755 — and other lease amounts may instead get the two-year rule). Continuing lease breaches accrue on a rolling basis (Pickering Square v Trillium College, 2016 ONCA 179). This area is technical — get advice on which period applies, and do not rely on this tool for it.

Special rules — some assault claims have no deadline, others have only two years

There is no limitation period for a claim based on a sexual assault (s. 16(1)(h) of the Limitations Act, 2002), for other sexual misconduct where the claimant was a minor or in a relationship of dependency or authority (s. 16(1)(h.1)), or for an assault where the claimant was a minor, in an intimate relationship with, or dependent on the person (s. 16(1)(h.2)). If none of those categories fits — for example, an assault by a stranger — assume an ordinary two-year deadline from the assault and act now (you can run the date through "Personal injury, property damage, or negligence"). These cases deserve careful, confidential legal advice — get it promptly either way.

Step Two of Three

When did this happen?

Dates drive everything in limitation law. If the event date is approximate, use the earliest day it could be — earlier event dates produce the safer deadline.

Date It Happened * The breach, damage, missed payment, or other event your claim is based on

Date You First Knew — or Should Have Known Optional. Courts use the EARLIER of when you actually learned of the problem and when a reasonable person in your shoes should have spotted it (s. 5(1)(b)) — if you could have discovered it sooner, use that earlier date

Last Written Acknowledgment / Part Payment Optional, debts only — a signed written acknowledgment of the debt, or partial payment. Repeated acknowledgments can restart the clock more than once

Was the money owed as a single payment, or a series (instalments, multiple invoices, a running account)? Single A series

Earliest Missed Payment / Invoice * The first payment or invoice that went unpaid

Most Recent Missed Payment / Invoice * The latest payment or invoice that went unpaid

How was the loan repayable? Fixed due date(s) Only on demand Tied to an event ("when the house sells", "when you can")

Have you demanded repayment (formally or informally — even by text)? Yes No

Date Borrower Failed to Pay After Your Demand * If your demand gave a deadline, the day after it passed; otherwise the day after the demand. Count your FIRST request for repayment, even an informal one

The loan was made before January 1, 2004

Step Three of Three

Does any of this sound like your situation?

Most people tick nothing here. Anything you tick changes the analysis — the result explains how.

The claim involves injury or vehicle damage from a poorly maintained municipal road, sidewalk, or bridge (potholes, ice, disrepair) The injury was caused by snow or ice on private property The claim is against the provincial government (the Crown) or a ministry The claim is against my own insurance company (denied or unpaid claim) The person with the claim was under 18 at any relevant time The person with the claim was unable to start a proceeding because of a physical, mental or psychological condition After the dispute arose, both sides agreed to mediation, arbitration, or another independent third-party process There is an agreement about time limits — a tolling/standstill agreement, or a contract clause changing the deadline The other side is still trying to fix the problem, or another required dispute process is underway The other side hid the problem or misled you about it

The estimate — and its assumptions

Presumptive Deadline Estimate

Warnings that apply to your answers

This result may be wrong — read this before relying on it. The date above is a presumptive estimate built from the general two-year rule and only the facts you entered. It is not a legal opinion and it is not advice. Real limitation analysis turns on things this tool cannot assess: when you knew — or reasonably should have known — about the claim, whether a special statute or notice period overrides the general rule, tolling agreements, minority or incapacity, acknowledgments you may not have mentioned, and other exceptions — any of which can move your deadline by months or years, in either direction. Treat your real deadline as if it could be earlier than shown, and file well before it — never near it. Limitation law is rigid and unforgiving: an honest miscalculation does not buy more time, courts almost never excuse a miss, and these calculations go wrong far more often than people expect. Missing a limitation period usually destroys the claim permanently. If this claim matters to you, get legal advice as soon as possible — not at the deadline — and have a lawyer confirm the date before you rely on anything on this page. Also remember: you generally cannot add a defendant after their limitation period expires (s. 21), so name every potential defendant before the deadline.

Don't miss your deadline — talk to an Ontario lawyer →