Close-up of an alarm clock representing the urgency of limitation periods and filing deadlines for civil claims in Ontario and BC

Limitation Periods in Ontario and BC: How Long You Have to Sue and What Happens If You Miss the Deadline

Date: June 9, 2026

A limitation period is the legal deadline for starting a court claim. Miss it and your case can be dismissed permanently, regardless of how strong it is. In Ontario the general rule is two years. In British Columbia the same two-year period applies. But knowing the number is only the starting point: the more important question is when that clock actually starts running, and the answer is not always obvious.

This article explains limitation periods in Ontario and BC, the discoverability rule that determines when time starts running, the exceptions that can suspend or extend the deadline, and why acting quickly is essential. For context on how limitation periods interact with the litigation process itself, see our overview of commercial litigation at Achkar Law.

The short answer
In both Ontario and BC, most civil and commercial claims must be started within two years of when the claim was discovered. There is also an ultimate limitation period of 15 years regardless of discovery. Missing either deadline is in most cases fatal to the claim.

The two-year clock starts when you knew or reasonably ought to have known the key facts of your claim, not necessarily when the wrongful act occurred. Ongoing settlement negotiations do not pause the clock unless a written tolling agreement is in place.

Ontario and BC limitation periods at a glance

Ontario basic period
2 years from discovery
BC basic period
2 years from discovery
Ontario ultimate period
15 years from act or omission
BC ultimate period
15 years from discovery
Ontario governing statute
Limitations Act, 2002
BC governing statute
Limitation Act, SBC 2012

The discoverability rule: when does the clock start?

The most important and most misunderstood aspect of limitation periods is when they start. In both Ontario and BC, the basic two-year period begins not when the wrongful act occurred but when the claimant discovered, or reasonably ought to have discovered, the key facts giving rise to the claim.

In Ontario, section 5 of the Limitations Act, 2002 codifies the discoverability rule. A claim is discovered on the earlier of the day the person with the claim first knew, or the day a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known:

  • That the injury, loss, or damage had occurred
  • That the injury, loss, or damage was caused by or contributed to by an act or omission
  • That the act or omission was that of the person against whom the claim is made
  • That a court proceeding would be an appropriate means to seek to remedy the injury, loss, or damage

All four elements must be present. The clock does not start until the claimant knows or reasonably ought to know all of them. This is particularly significant in commercial and fraud cases where the full extent of the harm may not become apparent until months or years after the underlying conduct.

BC's Limitation Act applies the same discoverability principle. A claim is discovered on the date the claimant knew or reasonably ought to have known the facts that give rise to the claim, including the identity of the person against whom the claim may be made.

The discoverability rule protects claimants who genuinely could not have known about their claim earlier. But it also imposes an obligation of reasonable diligence: if you had reason to investigate and chose not to, the clock may have started running even if you did not actually know the full facts. Courts ask what a reasonable person in your circumstances would have done, not what you actually did.

Ontario vs BC: key similarities and differences

Ontario (Limitations Act, 2002)

  • 2-year basic period from discovery
  • 15-year ultimate period from the act or omission
  • Discoverability codified in section 5
  • Clock suspended for minors until age of majority
  • Clock suspended for persons under disability
  • Fraud and wilful concealment postpone discovery
  • Some claims excluded: sexual assault, environmental claims
  • Municipal Act notice: 10 days for municipal property claims

BC (Limitation Act, SBC 2012)

  • 2-year basic period from discovery
  • 15-year ultimate period from discovery (not the act)
  • Discoverability applied through case law and statute
  • Clock suspended for minors until age of majority
  • Clock suspended for persons under disability
  • Fraudulent concealment postpones discovery
  • Some claims excluded: sexual misconduct, certain environmental claims
  • Local Government Act notice requirements for municipal claims

Exceptions and special limitation periods

The two-year basic period is the general rule, but numerous exceptions apply. Understanding which exception might apply to your situation can mean the difference between a live claim and a barred one.

Fraud and wilful concealment Where the defendant fraudulently concealed the claim or the facts giving rise to it, the limitation period does not begin to run until the claimant discovered or reasonably ought to have discovered the fraud or concealment. This exception is significant in commercial fraud cases where the wrongdoing was deliberately hidden.
Minors and persons under disability In Ontario, the limitation period does not run against a minor until they reach the age of majority (18), unless they have a litigation guardian. In BC the same protection applies. For persons under legal disability, the clock does not run until the disability is removed.
Acknowledgment and part payment In Ontario, if the debtor acknowledges the claim in writing or makes a part payment, the two-year limitation period restarts from the date of acknowledgment or payment. This can revive an otherwise expired debt claim. BC has equivalent provisions under its Limitation Act.
Contractual limitation clauses Many commercial contracts include provisions that shorten the limitation period, sometimes to as little as one year from the date of loss. These clauses are generally enforceable in Ontario and BC subject to limits: they cannot reduce the period below a minimum threshold, and unconscionable clauses may be set aside. Always review your contract before assuming the statutory period applies.
Claims against municipalities In Ontario, claims involving personal injury on municipal property require notice to the municipality within 10 days under the Municipal Act, 2001. In BC, similar notice requirements apply under the Local Government Act. These notice periods are separate from and shorter than the general limitation period.
The 15-year ultimate period Even where the discoverability rule might extend the basic two-year period, both Ontario and BC impose an ultimate limitation period that caps how long a claim can be brought. In Ontario this is 15 years from the act or omission. In BC it is 15 years from the date of discovery. Once the ultimate period expires, no claim can be brought regardless of when it was discovered.

Settlement negotiations do not pause the clock

One of the most common and costly mistakes in civil litigation is assuming that ongoing settlement negotiations suspend the limitation period. They do not. In both Ontario and BC, the limitation period continues to run regardless of whether the parties are in active discussions, whether a mediator has been retained, or whether a resolution seems imminent.

The only way to pause a limitation period during negotiations is a written tolling agreement: a formal agreement between the parties that suspends the running of time for a defined period. Without this agreement in writing, every day of negotiation is a day closer to a barred claim.

If your limitation period is approaching and you are still in discussions with the other side, the right approach is to commence proceedings to preserve your rights while continuing to negotiate. Commencing a claim does not mean you are committed to full litigation: it simply protects your right to pursue the claim if negotiations fail. See our guide to demand letters in commercial disputes for how to use pre-litigation correspondence strategically.

Your limitation period may be closer than you think, and negotiations will not stop the clock.

If you are involved in a dispute and have not yet commenced proceedings, get advice on your deadline immediately. A two-year period can pass quickly, and a missed deadline cannot be undone.

Call: 1-800-771-7882 Find Out How Much Time You Have Left

What happens when a limitation period expires

Once a limitation period expires, the defendant can raise it as a complete defence to the claim. In Ontario, under section 5 of the Limitations Act, 2002, a defendant is not required to plead the limitation period as a defence: the court will not dismiss a claim on limitation grounds unless the defendant raises it. But once raised and established, the claim will be dismissed regardless of its merits.

Courts have very limited discretion to extend limitation periods in Ontario and BC. Unlike some other jurisdictions, there is no general judicial discretion to permit a late claim on the grounds that it would be just and equitable to do so. The statutory framework is intended to be certain and final. Missing the deadline is in almost all cases fatal to the claim.

The practical consequences of a missed limitation period extend beyond the lost claim. If you were relying on that claim as a set-off or counterclaim against a claim brought against you, losing the right to assert it can affect your overall position in the litigation. Limitation period analysis needs to account for all potential claims, not just the primary one.

Not sure when your limitation period started or how much time you have left?

Limitation period analysis is fact-specific and the answer is not always obvious. Get a clear assessment before the deadline passes.

Get a Limitation Period Assessment Or call us: 1-800-771-7882

Practical takeaways

The basic limitation period in both Ontario and BC is two years from discovery. There is also an ultimate period of 15 years that applies regardless of when the claim was discovered.
The clock starts when you knew or reasonably ought to have known the key facts: the loss, its cause, the identity of the responsible party, and that litigation is an appropriate remedy. Not when the wrongful act occurred.
Settlement negotiations do not pause the limitation period. Only a written tolling agreement stops the clock. If your deadline is approaching, commence proceedings to preserve your rights while continuing to negotiate.
Fraud and wilful concealment can postpone the start of the limitation period until the fraud is discovered. This is significant in commercial fraud cases where the wrongdoing was deliberately hidden.
For claims against Ontario municipalities, notice must be given within 10 days of the injury under the Municipal Act, 2001. This notice period is separate from and shorter than the general two-year limitation period.
Contractual limitation clauses can shorten the period to as little as one year. Review your contract before assuming the statutory two-year period applies to your dispute.

Frequently asked questions

What is the limitation period for civil claims in Ontario?

Under the Limitations Act, 2002, most civil and commercial claims in Ontario must be commenced within two years of the date the claim was discovered. There is also an ultimate limitation period of 15 years from the date the act or omission occurred, regardless of discovery. Missing either deadline is in most cases fatal to the claim.

What is the limitation period for civil claims in BC?

Under BC's Limitation Act, SBC 2012, c 13, most civil claims must be commenced within two years of the date of discovery. BC also has an ultimate limitation period of 15 years. The discoverability principle applies in BC in the same way as in Ontario: time starts running when the claimant knew or reasonably ought to have known the key facts giving rise to the claim.

What is the discoverability rule for limitation periods?

The discoverability rule provides that a limitation period does not begin to run until the claimant knew or reasonably ought to have known the material facts giving rise to the claim. In Ontario, section 5 of the Limitations Act, 2002 codifies this rule. The period starts when the claimant knew or ought to have known: that the loss occurred, that it was caused by an act or omission, the identity of the responsible party, and that court proceedings would be an appropriate remedy.

Does the limitation period pause during settlement negotiations?

No. In both Ontario and BC, the limitation period continues to run during settlement negotiations unless the parties have entered into a written tolling agreement. Relying on ongoing negotiations without a written agreement is one of the most common and costly mistakes in civil litigation. If your limitation period is approaching, get legal advice immediately regardless of whether discussions are ongoing.

What happens if you miss the limitation period?

If a claim is commenced after the limitation period has expired and the defendant raises the defence, the claim will be dismissed as statute-barred regardless of its merits. Courts in Ontario and BC have very limited discretion to extend limitation periods. Missing the deadline is in almost all cases fatal to the claim and cannot be undone.

Are there exceptions to the two-year limitation period in Ontario?

Yes. Fraud or wilful concealment by the defendant postpones discovery until the fraud is uncovered. Claims by minors do not run until they reach the age of majority. Claims by persons under disability do not run until capacity is restored. Written acknowledgment of a debt restarts the limitation period. Contractual clauses may shorten the period. And certain specific claims such as sexual assault have their own rules under the Limitations Act, 2002.

Worried your limitation period may be running out? Tell us what's happening.

Limitation period analysis is one of the first things any litigator does, and it is one of the most consequential. Achkar Law advises businesses, organizations, and individuals across Ontario and British Columbia on commercial and civil litigation, including urgent matters where the deadline is approaching. We will assess your situation and advise on how much time you have and what steps to take immediately.

Call us at 1-800-771-7882 or fill out the form below and we will be in touch.