Limitations Act, 2002

Bills that amended this Act0

No published amendment links yet for this Act.

Sections64

• [s0]

  Definitions and Application

• 1Definitions

  1 In this Act, “adverse effect” has the same meaning as in the Environmental Protection Act; (“conséquence préjudiciable”) “assault” includes a battery; (“voies de fait”) “claim” means a claim to remedy an injury, loss or damage that occurred as a result of an act or omission; (“réclamation”) “contaminant” has the same meaning as in the Environmental Protection Act; (“contaminant”) “discharge” has the same meaning as in the Environmental Protection Act; (“rejet”, “rejeter”) “environmental claim” means a claim based on an act or omission that caused, contributed to, or permitted the discharge of a contaminant into the natural environment that has caused or is likely to cause an adverse effect; (“réclamation relative à l’environnement”) “natural environment” has the same meaning as in the Environmental Protection Act. (“environnement naturel”) 2002, c. 24, Sched. B, s. 1.

• 1.
• 2Application

  2 (1) This Act applies to claims pursued in court proceedings other than, (a) proceedings to which the Real Property Limitations Act applies; (b) proceedings in the nature of an appeal, if the time for commencing them is governed by an Act or rule of court; (c) proceedings under the Judicial Review Procedure Act; (d) proceedings to which the Provincial Offences Act applies; (e) proceedings based on the existing aboriginal and treaty rights of the aboriginal peoples of Canada which are recognized and affirmed in section 35 of the Constitution Act, 1982; (f) proceedings based on equitable claims by aboriginal peoples against the Crown; and (g) proceedings to which the Limitation Convention or the Amended Limitation Convention, as defined in the International Sales Conventions Act, applies. 2002, c. 24, Sched. B, s. 2 (1); 2017, c. 2, Sched. 8, s. 5. Exception, aboriginal rights (2) Proceed…

• 2.
• 3Crown

  3 This Act binds the Crown. 2002, c. 24, Sched. B, s. 3.

• 3.
• [s4]

  Basic Limitation Period

• 4Basic limitation period

  4 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. 2002, c. 24, Sched. B, s. 4.

• 4.
• 5Discovery

  5 (1) A claim is discovered on the earlier of, (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). 2002, c. 24, Sched. B, s. 5 (1). Presumption (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…

• 5.
• 6Minors

  6 The limitation period established by section 4 does not run during any time in which the person with the claim, (a) is a minor; and (b) is not represented by a litigation guardian in relation to the claim. 2002, c. 24, Sched. B, s. 6.

• 6.
• 7Incapable persons

  7 (1) The limitation period established by section 4 does not run during any time in which the person with the claim, (a) is incapable of commencing a proceeding in respect of the claim because of his or her physical, mental or psychological condition; and (b) is not represented by a litigation guardian in relation to the claim. 2002, c. 24, Sched. B, s. 7 (1). Presumption (2) A person shall be presumed to have been capable of commencing a proceeding in respect of a claim at all times unless the contrary is proved. 2002, c. 24, Sched. B, s. 7 (2). Extension (3) If the running of a limitation period is postponed or suspended under this section and the period has less than six months to run when the postponement or suspension ends, the period is extended to include the day that is six months after the day on which the postponement or suspension ends. 2002, c. 24, Sched. B, s. 7 (3). (4) Re…

• 7.
• 8Litigation guardians

  8 If a person is represented by a litigation guardian in relation to the claim, section 5 applies as if the litigation guardian were the person with the claim. 2002, c. 24, Sched. B, s. 8. Appointment of litigation guardian on application or motion by potential defendant

• 8.
• 9Definitions

  9 (1) In this section, “potential defendant” means a person against whom another person may have a claim but against whom the other person has not commenced a proceeding in respect of the claim; (“défendeur éventuel”) “potential plaintiff” means a person who may have a claim against another person but has not commenced a proceeding against that person in respect of the claim. (“demandeur éventuel”) 2002, c. 24, Sched. B, s. 9 (1). Appointment of litigation guardian on application or motion by potential defendant (2) If the running of a limitation period in relation to a claim is postponed or suspended under section 6 or 7, a potential defendant may make an application or a motion to have a litigation guardian appointed for a potential plaintiff. 2002, c. 24, Sched. B, s. 9 (2). Effect of appointment (3) Subject to subsection (4), the appointment of a litigation guardian ends the postpone…

• 9.
• 10Repealed

  10 Repealed: 2016, c. 2, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 2, Sched. 2, s. 2 - 08/03/2016

• 10.
• 11Attempted resolution

  11 (1) If a person with a claim and a person against whom the claim is made have agreed to have an independent third party resolve the claim or assist them in resolving it, the limitation periods established by sections 4 and 15 do not run from the date the agreement is made until, (a) the date the claim is resolved; (b) the date the attempted resolution process is terminated; or (c) the date a party terminates or withdraws from the agreement. 2002, c. 24, Sched. B, s. 11. Same (2) For greater certainty, a person or entity that provides resolution of claims or assistance in resolving claims, on an impartial basis, is an independent third party no matter how it is funded. 2006, c. 21, Sched. D, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. D, s. 1 - 19/10/2006

• 11.
• 12Successors

  12 (1) For the purpose of clause 5 (1) (a), in the case of a proceeding commenced by a person claiming through a predecessor in right, title or interest, the person shall be deemed to have knowledge of the matters referred to in that clause on the earlier of the following: 1. The day the predecessor first knew or ought to have known of those matters. 2. The day the person claiming first knew or ought to have known of them. 2002, c. 24, Sched. B, s. 12 (1). Principals and agents (2) For the purpose of clause 5 (1) (a), in the case of a proceeding commenced by a principal, if the agent had a duty to communicate knowledge of the matters referred to in that clause to the principal, the principal shall be deemed to have knowledge of the matters referred to in that clause on the earlier of the following: 1. The day the agent first knew or ought to have known of those matters. 2. The day the pr…

• 12.
• 13Acknowledgments

  13 (1) If a person acknowledges liability in respect of a claim for payment of a liquidated sum, the recovery of personal property, the enforcement of a charge on personal property or relief from enforcement of a charge on personal property, the act or omission on which the claim is based shall be deemed to have taken place on the day on which the acknowledgment was made. 2002, c. 24, Sched. B, s. 13 (1). Interest (2) An acknowledgment of liability in respect of a claim for interest is an acknowledgment of liability in respect of a claim for the principal and for interest falling due after the acknowledgment is made. 2002, c. 24, Sched. B, s. 13 (2). Collateral (3) An acknowledgment of liability in respect of a claim to realize on or redeem collateral under a security agreement or to recover money in respect of the collateral is an acknowledgment by any other person who later comes into …

• 13.
• 14Notice of possible claim

  14 (1) A person against whom another person may have a claim may serve a notice of possible claim on the other person. 2002, c. 24, Sched. B, s. 14 (1). Contents (2) A notice of possible claim shall be in writing and signed by the person issuing it or that person’s lawyer, and shall, (a) describe the injury, loss or damage that the issuing person suspects may have occurred; (b) identify the act or omission giving rise to the injury, loss or damage; (c) indicate the extent to which the issuing person suspects that the injury, loss or damage may have been caused by the issuing person; (d) state that any claim that the other person has could be extinguished because of the expiry of a limitation period; and (e) state the issuing person’s name and address for service. 2002, c. 24, Sched. B, s. 14 (2). Effect (3) The fact that a notice of possible claim has been served on a person may be consi…

• 14.
• [s16]

  Ultimate Limitation Periods

• 15Ultimate limitation periods

  15 (1) Even if the limitation period established by any other section of this Act in respect of a claim has not expired, no proceeding shall be commenced in respect of the claim after the expiry of a limitation period established by this section. 2002, c. 24, Sched. B, s. 15 (1). General (2) No proceeding shall be commenced in respect of any claim after the 15th anniversary of the day on which the act or omission on which the claim is based took place. 2002, c. 24, Sched. B, s. 15 (2). Exception, purchasers for value (3) Despite subsection (2), no proceeding against a purchaser of personal property for value acting in good faith shall be commenced in respect of conversion of the property after the second anniversary of the day on which the property was converted. 2002, c. 24, Sched. B, s. 15 (3). Period not to run (4) The limitation period established by subsection (2) does not run durin…

• 15.
• [s18]

  No Limitation Period

• Section Amendments with date in force (d/m/y)
• 16No limitation period

  16 (1) There is no limitation period in respect of, (a) a proceeding for a declaration if no consequential relief is sought; (b) a proceeding to enforce an order of a court, or any other order that may be enforced in the same way as an order of a court; (c) a proceeding to obtain support under the Family Law Act or to enforce a provision for support or maintenance contained in a contract or agreement that could be filed under section 35 of that Act; (d) Revoked: 2017, c. 2, Sched. 5, s. 14 (1); (e) a proceeding under section 8 or 11.2 of the Civil Remedies Act, 2001; (f) a proceeding by a debtor in possession of collateral to redeem it; (g) a proceeding by a creditor in possession of collateral to realize on it; (h) a proceeding based on a sexual assault; (h.1) a proceeding based on any other misconduct of a sexual nature if, at the time of the misconduct, the person with the claim was a…

• 16.
• 17Undiscovered environmental claims

  17 There is no limitation period in respect of an environmental claim that has not been discovered. 2002, c. 24, Sched. B, s. 17.

• 17.
• [s21]

  General Rules

• 18Contribution and indemnity

  18 (1) For the purposes of subsection 5 (2) and section 15, in the case of a claim by one alleged wrongdoer against another for contribution and indemnity, the day on which the first alleged wrongdoer was served with the claim in respect of which contribution and indemnity is sought shall be deemed to be the day the act or omission on which that alleged wrongdoer’s claim is based took place. 2002, c. 24, Sched. B, s. 18 (1). Application (2) Subsection (1) applies whether the right to contribution and indemnity arises in respect of a tort or otherwise. 2002, c. 24, Sched. B, s. 18 (2).

• 18.
• 19Other Acts, etc.

  19 (1) A limitation period set out in or under another Act that applies to a claim to which this Act applies is of no effect unless, (a) the provision establishing it is listed in the Schedule to this Act; or (b) the provision establishing it, (i) is in existence on January 1, 2004, and (ii) incorporates by reference a provision listed in the Schedule to this Act. 2002, c. 24, Sched. B, s. 19 (1); 2008, c. 19, Sched. L, s. 3. Act prevails (2) Subsection (1) applies despite any other Act. 2002, c. 24, Sched. B, s. 19 (2). Interpretation (3) The fact that a provision is listed in the Schedule shall not be construed as a statement that the limitation period established by the provision would otherwise apply to a claim as defined in this Act. 2002, c. 24, Sched. B, s. 19 (3). Same (4) If there is a conflict between a limitation period established by a provision referred to in subsection (1) …

• 19.
• 20Statutory variation of time limits

  20 This Act does not affect the extension, suspension or other variation of a limitation period or other time limit by or under another Act. 2002, c. 24, Sched. B, s. 20.

• 20.
• 21Adding party

  21 (1) If a limitation period in respect of a claim against a person has expired, the claim shall not be pursued by adding the person as a party to any existing proceeding. 2002, c. 24, Sched. B, s. 21 (1). Misdescription (2) Subsection (1) does not prevent the correction of a misnaming or misdescription of a party. 2002, c. 24, Sched. B, s. 21 (2).

• 21.
• 22Limitation periods apply despite agreements

  22 (1) A limitation period under this Act applies despite any agreement to vary or exclude it, subject only to the exceptions in subsections (2) to (6). 2006, c. 21, Sched. D, s. 2. Exception (2) A limitation period under this Act may be varied or excluded by an agreement made before January 1, 2004. 2006, c. 21, Sched. D, s. 2. Same (3) A limitation period under this Act, other than one established by section 15, may be suspended or extended by an agreement made on or after October 19, 2006. 2006, c. 21, Sched. D, s. 2; 2008, c. 19, Sched. L, s. 4 (1). Same (4) A limitation period established by section 15 may be suspended or extended by an agreement made on or after October 19, 2006, but only if the relevant claim has been discovered. 2006, c. 21, Sched. D, s. 2; 2008, c. 19, Sched. L, s. 4 (1). Same (5) The following exceptions apply only in respect of business agreements: 1. A limita…

• 22.
• 23Conflict of laws

  23 For the purpose of applying the rules regarding conflict of laws, the limitations law of Ontario or any other jurisdiction is substantive law. 2002, c. 24, Sched. B, s. 23. Transition

• 23.
• 24Definition

  24 (1) In this section, “former limitation period” means the limitation period that applied in respect of the claim before January 1, 2004. 2002, c. 24, Sched. B, s. 24 (1); 2008, c. 19, Sched. L, s. 5 (1, 2). Application (2) Subject to subsection (2.1), this section applies to claims based on acts or omissions that took place before January 1, 2004 and in respect of which no proceeding has been commenced before that date. 2002, c. 24, Sched. B, s. 24 (2); 2008, c. 19, Sched. L, s. 5 (4); 2016, c. 2, Sched. 2, s. 5 (1). Exception (2.1) This section does not apply to a claim in respect of which clause 16 (1) (h), (h.1) or (h.2) applies. 2016, c. 2, Sched. 2, s. 5 (2). Former limitation period expired (3) If the former limitation period expired before January 1, 2004, no proceeding shall be commenced in respect of the claim. 2002, c. 24, Sched. B, s. 24 (3); 2008, c. 19, Sched. L, s. 5 (3)…

• 24.
• 25-49

  25-49 Omitted (amends or repeals other Acts). 2002, c. 24, Sched. B, ss. 25-49.

• 25.-49
• 25.-49.
• 50

  50 Omitted (amends the schedule to this Act). 2002, c. 24, Sched. B, s. 50.

• 50.
• 51

  51 Omitted (provides for coming into force of provisions of this Act). 2002, c. 24, Sched. B, s. 51.

• 51.
• 52

  52 Omitted (enacts short title of this Act). 2002, c. 24, Sched. B, s. 52.

• 52.
• [s33]

  Schedule (Section 19) Act Provision Arbitration Act, 1991 subsection 52 (3) Assignments and Preferences Act subsections 26 (2) and 27 (2) Business Corporations Act subsections 157 (2), 185 (18) and (19), 188 (9), (13) and (14), and 189 (5) City of Toronto Act, 2006 subsections 214 (4), 250 (2), 270 (4) and 351 (5) Civil Remedies Act, 2001 subsections 3 (5) and 13 (7) Commodity Futures Act section 60.4 Construction Act subsections 13.18 (2) and 13.20 (2) and sections 31 and 36 Corporations Act subsection 37 (2) Creditors’ Relief Act, 2010 subsection 12 (1) Drainage Act section 111 Education Act subsection 218 (2) and subsection 11 (3) of Schedule 1 Election Act subsection 99 (4) Electricity Act, 1998 section 36.1.1 Environmental Bill of Rights, 1993 section 102 Estates Act subsections 44 (2) and 45 (2) and section 47 Estates Administration Act subsection 17 (5) Expropriations Act section …