Statute of Limitations in Ontario: How Long Do You Have to Sue Someone?

If you’re thinking about taking legal action in Ontario — whether for employment issues, unpaid wages, wrongful dismissal, denied long-term disability benefits, personal injury, or a contract dispute — one question matters more than almost anything else:

How long do you have to sue someone in Ontario?

This comes down to the statute of limitations in Ontario, also known as the limitation period. If you miss this deadline, your claim can be dismissed, no matter how strong it is. Below is a clear, simple guide that explains what a statute of limitations is, how it works in Ontario, and what exceptions may apply.

What Is a Statute of Limitations?

A statute of limitations is a legal deadline for starting a lawsuit. Once the clock runs out, the court may refuse to hear your case.

In Ontario, these deadlines are set out in the Limitations Act.

What Is the Statute of Limitations in Ontario?

For most civil claims — including employment law and personal injury — the basic limitation period in Ontario is two years.

This “2-year limitation period in Ontario” starts when you first knew, or should have known, that:

• You were harmed
• The harm resulted from someone’s actions
• A legal claim was possible

How Long Do You Have to Sue Someone in Ontario?

In most cases, you have two years to sue.

This applies to many common situations, including:

• Wrongful dismissal in Ontario
• Severance pay claims
• Constructive dismissal
• Unpaid wages (ESA deadlines differ – call for guidance)
• Human rights violations
• Breach of contract
• Negligence
• Long term disability denied in Ontario
• Personal injury

Statute of Limitations for Civil Suits in Ontario

People often ask: “What is the statute of limitations for a civil suit in Ontario?”

The answer: two years, unless a specific law sets a different deadline.

Examples:

Are There Exceptions to the Ontario Statute of Limitations?

Yes — Ontario has several exceptions that can pause or extend the limitation period:

1. Claims Not “Discovered” Right Away

If you didn’t know about the harm until later, the two-year clock starts when you discover it.

2. Claims Involving Minors

The clock doesn’t start until the person turns 18.

3. Cases Where Someone Lacks Capacity

If someone is medically or legally incapable, the limitation period may be paused.

4. Fraud or Concealment

If the wrongdoer hid their actions, the court may extend the time to sue.

5. Ultimate Limitation Period

Regardless of discoverability, the absolute maximum is 15 years from the date of the act.

Employment Law Claims and Limitation Periods in Ontario

For employment cases, the two-year limitation period is critical.

Here’s how it applies:

• Wrongful dismissal: 2 years from the termination date
• Constructive dismissal: 2 years from when you resign because of the change
• Unpaid wages: ESA deadlines apply — as little as 2 years, but in practice, you may have less time to act

Because timing varies by situation, it’s smart to get advice early to protect your rights.

Does the 2-Year Limitation Period in Ontario Ever Change?

Sometimes, yes.

Your deadline may be shorter or longer depending on:

• Whether the claim is governed by a specific statute
• Whether the harm was discovered later
• Whether you’re dealing with an employer vs. insurance company
• Whether another province’s law applies

How the Discoverability Rule Works

The two-year deadline starts when a reasonable person would know:

1. Something wrong happened
2. They were harmed
3. The other party caused it
4. A lawsuit is appropriate

This prevents people from being penalized for not knowing they had a claim.

Why You Should Act Quickly

Even if you believe you have time left, delay can hurt your case. Evidence can disappear:

• Emails get deleted
• Witness memories fade
• Documents get lost
• The other party may argue you “ought to have known earlier”

Starting early protects you from these risks.

Frequently Asked Questions

What is the statute of limitations in Ontario for civil lawsuits?

Two years, unless a specific law says otherwise.

How long do you have to sue someone?

Generally two years from the date you discovered the harm.

What if I’m close to the deadline?

You must file a claim before the deadline expires—contact a lawyer urgently.

What happens if I miss the limitation period?

Your claim may be dismissed entirely.

Speak to a Lawyer About Limitation Periods in Ontario

If you believe you’ve missed a deadline — or you’re getting close — you still may have options. At Samfiru Tumarkin LLP, we help employees and disability claimants across Ontario understand their rights and file claims before limitation periods expire.

All disability consultations are free, as are many termination reviews. We offer contigency fee arrangements for several matters.

📞 Call us at 1-855-821-5900, email help@disabilityrights.ca, or use our online form for a consultation.