Limitations Act 2002 (ON)
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| RULE 4 | Unless this Act says otherwise, a claim’s proceeding shall not be commenced after second anniversary of day on which claim was discovered. | |
| RULE 5 (1)(a) | A claim is discovered on the earlier of, the day which the person with the claim first knew that, (i) the injury, loss or damage occurred, (ii) the injury, loss or damage was caused by or contributed to by an act or omission, (iii) the act or omission was that of person against whom claim is made, and (iv) having regard to nature of injury, loss or damage, a proceeding would be appropriate means to seek to remedy it; and | |
| RULE 5(1)(b) | the day which a reasonable person with abilities and in circumstances of person with claim first ought to have known of matters referred to in clause (a). | |
| RULE 5(2) | Person with claim is presumed to have known of matters referred to in 5(1)(a) on day act or omission on which claim is based took place, unless contrary proved. | |
| RULE 5(3) | For the purposes of 5(1)(a)(i), day which injury, loss or damage occurs in relation to a demand obligation is first day on which a failure to perform the obligation, once a demand for the performance is made. | |
| RULE 5(4) | Subs (3) applies to every demand obligation created on or after Jan 1, | |
| RULE 6 | The limitation period set by s 4 does not run during any time which person with claim, (a) is a minor; and (b) not represented by litigation guardian in relation to claim. | |
| RULE 7(1) | Limitation period set by s 4 does not run during any time in which person with claim is, (a) incapable of commencing claim’s proceeding because of his or her physical, mental or | |
| RULE 7(2) | Person is presumed to have been capable of commencing claim’s proceeding at all times unless contrary is proved. | |
| RULE 7(3) | If running of limitation period is postponed or suspended under this s and the period has less than six months to run when postponement or suspension ends, period is extended to include the day that is six months after the day on which postponement or suspension ends. | |
| RULE 7(4) | This s does not apply to a claim referred to in s 10. | |
| RULE 8 | If person is represented by litigation guardian in relation to the claim, s 5 applies as if litigation guardian were the person with claim. | |
| RULE 9(1) | In this sec, “potential defendant” means person against whom another may have claim but against whom the other person has not commenced a claim’s proceeding; “potential plaintiff” means person who may have claim against another but has not commenced proceeding against that person. | |
| RULE 9(2) | If running of a limitation period in relation to a claim is postponed or suspended under | |
| RULE 9(4) | Limitation period is deemed not to expire against potential plaintiff until later of, (a) date that is six months after potential defendant files, with proof of service onlitigation guardian, (i) a notice that complies with subs (5), and (ii) a declaration that, on filing date, potential defendant is not aware of any proceeding by litigation guardian against potential defendant to a claim; and (b) date on which limitation period would otherwise expire after it resumes running under subs (3). | |
| RULE 9(5) | The notice, (a) shall not be served before first anniversary of appointment; (b) shall identify potential plaintiff, potential defendant and claim; and (c) shall indicate that claim could be extinguished if a proceeding is not promptly commenced. | |
| RULE 10(1) | The limitation period set by s 4 does not run in respect of claim based on assault or sexual assault during any time in which person with claim is incapable of commencing proceeding because of his or her physical, mental or psychological condition. | |
| RULE 10(2) | Unless contrary is proved, person with claim based on an assault is presumed to have been incapable of commencing proceeding earlier than it was commenced if at time of assault one of the parties to assault had an intimate relationship with person or was someone on whom person was dependent, financially or otherwise. | |
| RULE 10(3) | Unless contrary is proved, person with claim based on sexual assault is presumed to have been incapable of commencing proceeding earlier than it was commenced. | |
| RULE 11(1) | If person with claim and person against whom claim is made have agreed to have independent third party resolve assist in resolving it, limitation periods set by ss 4 and 15 do not run from date the agreement is made until the, (a) date claim is resolved; (b) date attempted resolution process is terminated; or (c) date a party terminates or withdraws from agreement. | |
| RULE 11(2) | 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. | |
| RULE 12(1) | For purpose of clause 5 (1)(a), in case of a proceeding commenced by person claiming through a predecessor in right, title or interest, person is deemed to have knowledge of matters referred to in that clause on the earlier of following: The day the: 1. predecessor first knew or ought to known of those matters. 2. person claiming first knew or ought to have known of them. | |
| RULE 12(2) | For purpose of clause 5 (1) (a), in proceeding commenced by a principal, if agent had duty to communicate knowledge of matters referred to in that clause to principal, the principal is deemed to have knowledge of the matters referred to in that clause on the earlier of the following: The day that: 1. agent first knew or ought to have known of those matters. 2. principal first knew or ought to have known of them. | |
| RULE 12(3) | Day on which predecessor or agent first ought to have known of matters referred to in clause 5 (1) (a) is day on which a reasonable person in predecessor’s or agent’s circumstances and with predecessor’s or agent’s abilities first ought to have known of them. | |
| RULE 13(1) | If person acknowledges liability in respect of claim for payment of liquidated sum, recovery of personal property, enforcement or relief from enforcement of charge on personal property, the act or omission on which claim is based is deemed to have taken place on day which acknowledgment was made. | |
| RULE 13(2) | Acknowledgment of liability in respect of claim for interest is acknowledgment of liability in respect of claim for principal and for interest falling due after the acknowledgment is made. | |
| RULE 13(3) | Acknowledgment of liability in respect of claim to realize on or redeem collateral under security agreement or to recover money in respect of collateral is acknowledgment by anyone who later comes into possession of it. | |
| RULE 13(4) | (4) Debtor’s performance of obligation in respect of a security agreement is acknowledgment by him of liability in respect of claim by creditor for realization on collateral under agreement. | |
| RULE 13(5) | Creditor’s acceptance of debtor’s payment or performance of obligation in respect of security agreement is acknowledgment by creditor of liability in respect of claim by debtor for redemption of collateral under agreement. | |
| RULE 13(6) | Acknowledgment by trustee is acknowledgment by anyone who is or who later becomes a trustee of same trust. | |
| RULE 13(7) | Acknowledgment of liability in respect of claim to recover or enforce equitable interest in personal property by person in possession of it is acknowledgment by any person who later comes into possession of it. | |
| RULE 13(8) | Subject to subss (9) and (10), this s applies to acknowledgment of liability in respect of claim for payment of liquidated sum even though person making acknowledgment refuses or does not promise to pay sum or balance of sum owing. | |
| RULE 13(9) | This s does not apply unless acknowledgment is made to person with claim, person’s agent or official receiver or trustee acting under Bankruptcy and Insolvency Act before expiry of limitation period applicable to claim. | |
| RULE 13(10) | Subss (1), (2), (3), (6) and (7) do not apply unless acknowledgment is in writing and signed by person making it or person’s agent. | |
| RULE 13(11) | In case of claim for payment of liquidated sum, part payment of sum by person against whom claim is made or by person’s agent has same effect as acknowledgment referred to in ss (10). | |
| RULE 14(1) | Person against whom another may have claim may serve notice of possible claim on the other. | |
| RULE 14(2) | Notice of claim in writing and signed by person or lawyer, and shall, (a) describe injury, loss or damage that issuing person suspects may have occurred; (b) identify act or omission giving rise thereto; (c) indicate extent to which person suspects injury, loss or damage may have been caused by issuing person; (d) state any claim the other could be extinguished because expiry of a limitation period; and (e) state issuing person’s name and address for service. | |
| RULE 14(3) | Fact that notice of possible claim has been served on person may be considered by court in determining when limitation period in respect of person’s claim began to run. | |
| RULE 14(4) | ss (3) does not apply to person who is not represented by litigation guardian in relation to claim and who, when served with notice is, | |
| RULE 14(5) | Notice of possible claim is not acknowledgment for the purpose of s 13. | |
| RULE 14(6) | Notice of possible claim is not admission of validity of claim. | |
| RULE 15(1) | Even if limitation period set by any other s of this Act in respect of a claim has not expired, no proceeding is commenced in respect of claim after expiry of a limitation period set by this s. | |
| RULE 15(2) | No claim’s proceeding can be commenced after 15th anniversary of day on which act or omission on which the claim is based took place. | |
| RULE 15(3) | Despite ss (2), no proceeding against a purchaser of personal property for value acting in good faith is commenced in respect of conversion of property after second anniversary of day on which property was converted. | |
| RULE 15(4) | Limitation period set by (2) not run while, (a) person with claim, (i) incapable of commencing because of physical, mental or psychological condition, and (ii) not represented by lit guard; (b) person with claim is minor and not represented by lit guard; (c) putative defendant, (i) wilfully conceals injury, loss or damage, that caused or contributed by act or omission or act or omission was defendant’s, or (ii) wilfully misleads person claiming as to appropriateness of proceeding. | |
| RULE 15(5) | Subject to s 10, the burden of proving that subs (4) is on person with claim. | |
| RULE 15(6) | For the purposes of this s, day an act or omission on which a claim is based takes place is, (a) in case of a continuous act or omission, day on which act or omission ceases; (b) in the case of a series of acts or omissions in respect of the same obligation, the day on which the last act or omission in the series occurs; (c) in the case of an act or omission in respect of a demand obligation, first day which there is failure to perform obligation, once a demand for performance is made. | |
| RULE 15(7) | Clause (6) (c) applies to every demand obligation created on or after Jan 1, 2004. | |
| RULE 16(1) | No limitation period in respect of a proceeding, (a) declaratory relief; (b) enforce a court order; (h) sexual assault if at time of the assault one of parties to it had charge of person assaulted, was in position of trust or authority in relation to person or someone whom s/he was dependent, financially or otherwise; (i) recover money owing to Crown in respect of, (i) fines, taxes and penalties, or (ii) interest that may be added to a tax or penalty under an Act; (k) recover student loans | |
| RULE 16(2) | Clause (1)(j) applies to proceedings in respect of claims relating to the, (a) administration of social, health or economic programs; or (b) provision of direct or indirect support to members of public in connection with social, health or economic policy. | |
| RULE 16(3) | Without limiting generality of ss (2), clause (1)(j) applies to proceedings in respect of claims for the, (a) recovery of social assistance payments, student loans, awards, grants, contributions and economic development loans; and (b) reimbursement of money paid in connection with social, health or economic programs or policies as result of fraud, misrepresentation, error or inadvertence. | |
| RULE 16(4) | This s and s 17 prevail over anything in s 15. | |
| RULE 17 | There is no limitation period in respect of environmental claim that has not been discovered. | |
| RULE 18(1) | For purposes of ss 5 (2) and s 15, in case of claim by one alleged wrongdoer against another for contribution and indemnity, the day which the first alleged wrongdoer was served with claim in respect of which contribution and indemnity is sought is deemed to be day the act or omission took place. | |
| RULE 18(2) | Subs (1) applies whether right to contribution and indemnity arises in respect of tort or otherwise. | |
| RULE 19(1) | Limitation period set out in or under another Act that applies to claim to which this Act applies is of no effect unless the,(a) provision establishing it is listed in the Schedule to this Act; or (b) provision establishing it, (i) is in existence on Jan 1, 2004, and (ii) incorporates by reference a provision listed in Schedule to this Act. | |
| RULE 19(2) | Ss (1) applies despite any other Act. | |
| RULE 19(3) | Fact that provision is listed in Schedule shall not be construed as statement that limitation period set by the provision would otherwise apply to a claim as defined in this Act. | |
| RULE 19(4) | If conflict between a limitation period set by a provision referred to in subs (1) and one set by any other provision of this Act, the limitation period in subs (1) prevails. | |
| RULE 19(5) | Ss 6, 7 and 11 apply, with necessary modifications, to a limitation period set by a provision referred to in subs (1). | |
| RULE 20 | This Act does not affect the extension, suspension or other variation of limitation period or other time limit by or under another Act. | |
| RULE 21(1) | If 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. | |
| RULE 21(2) | Ss (1) does not prevent the correction of a misnaming or misdescription of party. | |
| RULE 22(1) | Limitation period under this Act applies despite any agreement to vary or exclude it, subject only to exceptions in ss (2) to (6). | |
| RULE 22(2) | Limitation period under this Act may be varied or excluded by an agreement made before | |
| RULE 22(3) | Limitation period under this Act, other than one set by s 15, may be suspended or extended by agreement made on or after Oct 19, 2006. | |
| RULE 22(4) | A limitation period set by s 15 may be suspended or extended by agreement made on or after Oct 19, 2006, but only if the relevant claim has been discovered. | |
| RULE 22(5) | Following exceptions apply in respect of business agreements: 1. Limitation period under this Act, other than one set by s 15, may be varied or excluded by an agreement made on or after Oct 19, 2006. 2. Limitation period set by s 15 may be varied by an agreement made on or after Oct 19, 2006, except that it may be suspended or extended only in accordance with ss (4). | |
| RULE 23 | For applying rules regarding conflict of laws, the limitations law of Ontario or any other jurisdiction is substantive law. | |
| RULE 24 (1) | In this section, “former limitation period” means limitation period is that applied in respect of the claim before Jan 1, 2004. | |
| RULE 24(2) | This s applies to claims based on acts or omissions that took place before Jan 1, 2004 and in respect of which no proceeding has been commenced before that date. | |
| RULE 24(3) | If former limitation period expired before Jan 1, 2004, no proceeding is commenced in respect of claim. | |
| RULE 24(4) | If former limitation period did not expire before Jan 1, 2004 and if no limitation period under this Act would apply were the claim based on act or omission that took place on or after that date, there is no limitation period. | |
| RULE 24(5) | If former limitation period did not expire before Jan 1, 2004 and if limitation period under this Act would apply were claim based on act or omission that took place on or after that date, following rules apply: 1. If claim was not discovered before Jan 1, 2004, this Act applies as if act or omission had taken place on that date. 2. If claim was discovered before Jan 1, 2004, former limitation period applies. | |
| RULE 24(6) | If no former limitation period and if a limitation period under this Act would apply were the claim based on an act or omission that took place on or after Jan 1, 2004, the following rules apply: 1. If claim was not discovered before Jan 1, 2004, this Act applies as if act or omission had taken place on that date. 2. If claim was discovered before Jan 1, 2004, there is no limitation period. | |
| RULE 24 (7.1) | For the purposes of this s, clause 45 (1)(g) of Limitations Act, as it read immediately before its repeal, applies to claim respecting amounts paid to Crown or another public authority for which it is alleged that no valid legal authority existed at time of payment. | |
| RULE 24(8) | This section is subject to any agreement to vary or exclude a limitation period that was made before Jan 1, 2004. |
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