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When Exactly Does the Two Year Limitation Period Expire?

As we all know, claims must be commenced in a timely fashion. If too much time passes, a claimant may be precluded from commencing their claim. That is referred to as a limitation period.

In Ontario, the Limitations Act, 2002, SO 2002, c. 24 governs the question of limitation periods. In accordance with section 4 of this Act, the basic limitation period for commencing proceedings is two years from the time the claim was discoverable.

The specific wording of section 4 is as follows:

“Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered”

When reading this, an interesting question comes to mind, in that, when does the limitation period expire, exactly?

I reviewed some of the cases that interpreted this provision (and there are well over 1,000 reported decisions that address it) and found a few interesting cases:

Thanks for reading!

Kira Domratchev

Find this blog interesting? Please consider these other related posts:

How to Deal with the Two-Year Limitation Period under Section 38(3) of the Trustee Act

Incapacity, Limitation Periods and Litigation Guardians: Complications Galore

Trustee Act – Limitation Periods and Discoverability