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

In Ontario, you have two years to start a civil lawsuit from the date you knew, or reasonably should have known, about your claim. This is known as the statute of limitations, or limitation period.

The two-year rule applies to many civil claims, including wrongful dismissal and severance pay disputes. However, some claims have different deadlines, and exceptions may apply.

On This Page

• Ontario’s Two-Year Rule
• Wrongful Dismissal Deadlines
• Severance Package Deadlines
• Other Legal Claims
• Exceptions to the Rule
• Missing the Deadline
• Frequently Asked Questions

What Is the Statute of Limitations in Ontario?

Ontario’s Limitations Act establishes a basic two-year deadline for many civil lawsuits.

The clock usually starts when you discover your claim. This means when you knew, or reasonably should have known, that you suffered a loss, who caused it and that legal action would be appropriate.

For example, if your employment is terminated, you will often have two years from the date of dismissal to start a wrongful dismissal lawsuit.

Different rules can apply to certain claims, so it’s important to confirm the deadline rather than assume you have two years.

How Long Do You Have to Sue for Wrongful Dismissal in Ontario?

Most Ontario employees have two years to start a wrongful dismissal lawsuit. The period usually begins when their employment is terminated.

A wrongful dismissal claim can arise when an employer fires an employee without providing the full notice or severance pay they’re legally owed.

For non-unionized employees, full severance can reach up to 24 months’ pay, depending on factors such as age, length of service, position and employment agreement.

Learn more about wrongful dismissal in Ontario and severance pay entitlements.

Is Your Employer’s Severance Deadline Legally Binding?

No. Your employer’s deadline to accept a severance package isn’t the legal deadline to pursue your full severance entitlement.

An employer might give you three days, one week or another short period to accept an offer. That deadline doesn’t replace Ontario’s limitation period for bringing a wrongful dismissal claim.

However, an offer can expire or be withdrawn. You shouldn’t ignore it or assume its terms will remain available.

Don’t sign a release before finding out what you’re actually owed. Once you accept a severance package and sign a valid release, you may lose the right to pursue additional compensation.

If your employer is pressuring you to sign, learn about severance package reviews.

What Are the Deadlines for Other Legal Claims in Ontario?

The two-year limitation period applies to many civil lawsuits, but not every legal matter follows the same rules.

• Personal Injury: Many injury lawsuits have a two-year limitation period, often starting when the injury or claim is discovered. Special rules can apply.
• Long-Term Disability: Lawsuits over denied disability benefits often face a two-year deadline, but the start date and insurance policy terms matter.
• Unpaid Wages: Ontario Employment Standards Act complaints have their own filing and wage-recovery limits, usually involving a two-year period.
• Human Rights: Applications to Ontario’s Human Rights Tribunal usually must be filed within one year of the discriminatory incident, subject to exceptions.

These deadlines aren’t interchangeable. The type of claim determines which rules apply.

Are There Exceptions to Ontario’s Two-Year Limitation Period?

Yes. Ontario law recognizes circumstances in which a limitation period may start later, be suspended or not apply.

Examples include:

• Delayed Discovery: You couldn’t reasonably have known about your claim earlier.
• Minors: Special rules can suspend the limitation period in certain circumstances.
• Incapacity: The deadline may be suspended where a person can’t start proceedings because of a qualifying condition.
• Concealment: Deliberate concealment or misleading conduct may affect limitation periods.
• Special Legislation: Some claims have different deadlines or exemptions.

Ontario also has a 15-year ultimate limitation period for many claims, subject to important exceptions. It isn’t an automatic extension of the basic two-year deadline.

What Happens if You Miss the Statute of Limitations?

Missing the applicable limitation period can prevent you from pursuing your claim in court.

Negotiating with an employer or insurance company doesn’t automatically stop the legal clock. Waiting for a response could put your claim at risk.

If you’re approaching a deadline, get legal advice promptly. Even if you believe the deadline has passed, an employment lawyer can assess whether an exception applies.

Statute of Limitations Ontario: FAQs

How long do you have to sue someone in Ontario?

For many civil claims, you have two years from when you discovered, or reasonably should have discovered, your claim. Different deadlines and exceptions may apply.

How long do I have to sue my employer in Ontario?

For most wrongful dismissal claims, you have two years to start a lawsuit, usually from the date your employment ended. Other workplace claims may have different deadlines.

Does a severance offer expire after seven days?

An employer may set a deadline for accepting an offer, but that doesn’t end your legal right to pursue severance. The offer itself may expire or change.

Can you sue after two years in Ontario?

In some circumstances, yes. Discoverability, incapacity and other legal exceptions may affect the deadline. Don’t assume an exception applies without legal advice.

Don’t Let a Deadline Cost You Your Severance Pay

If you’ve lost your job in Ontario, don’t assume your employer’s severance offer is all you’re owed. You may be entitled to significantly more compensation.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees understand their legal deadlines, review severance packages and pursue wrongful dismissal claims.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.