Miller Thomson
February 25th, 2025
In legal disputes, limitation periods set time limits within which claimants must commence actions against potential wrongdoers. Limitation periods provide certainty and finality for defendants, ensuring that claimants pursue their grievances in a timely manner rather than “sleep” on their rights.
Each province and territory in Canada has its own legislation setting out limitation periods. In Ontario, the Limitations Act sets a basic limitation period of two years from the date a claim is discovered. This means the clock starts ticking on the day a claimant knew or ought to have known that they had a claim – a concept referred to as the “discoverability principle.”
There are exceptions to the basic limitation period. For example, certain acts may be ongoing and extend beyond a two-year period, or a claim may not even be discovered for more than two years. To account for such situations, the legislation also establishes an ultimate limitation period of 15 years from the date the act occurred, regardless of when it was discovered.
One reason it is critical to engage a lawyer specializing in estate litigation is that estate law is a complex field that, in some cases, has its own limitation periods. Here is a brief chart outlining the limitation periods applicable to some of the most common claims in an estates context.
It is important to remember that, just as there are limitation periods specific to estate law, there are also exceptions. Furthermore, there are defences that may be available to a defendant under certain circumstances. Parties are always best served by engaging a legal practitioner with expertise in estate law – one who is well-versed in the most recent jurisprudence – who can help navigate the often murky waters of estate litigation.
