Guides · reviewed 2026-09-04

The 2-year limitation period: when your clock starts

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

In most cases, you must start your claim by the 2nd anniversary of the day you discovered it. You discovered the claim on the day you knew, or reasonably could know, 4 things:

  • loss or damage happened;
  • an act or omission caused it;
  • the defendant is the one who did it; and
  • a court case is an appropriate way to respond.

The law presumes you knew these things on the day of the act or omission, unless you prove otherwise.

When the clock starts: common cases

  • An unpaid invoice: in most cases, when payment was due and did not come.
  • A loan with a due date: when the borrower missed the date, in most cases.
  • A loan payable on demand: on the first day the borrower fails to pay after your demand.
  • Bad work you find later: when you found the problem, or first reasonably could find it.
  • The outer limit: 15 years from the act or omission itself, in most cases.

What can pause or restart the clock

  • The clock does not run while the person with the claim is a minor without a litigation guardian.
  • The clock does not run while the person cannot start a case because of a physical, mental, or psychological condition, and has no litigation guardian.
  • The clock stops while both sides have agreed to have an independent third party resolve the claim or help resolve it, for example a mediator.
  • A signed written acknowledgment of a debt restarts the clock, if made to you before the deadline.
  • A part payment of the debt has the same effect.
  • A written agreement can extend or suspend the clock in some cases.
  • Talks do not pause the clock. The clock runs while you negotiate. A demand letter does not pause it either.

If the anniversary is a weekend or a holiday

If the last day is a Sunday or a public holiday, the law extends the limit to the next day that is not a holiday. A Saturday is not a holiday under that rule. Do not rely on the extension. Start the claim before the anniversary.

If the date is close

  • File the claim now. You can settle at any time after.
  • An online claim counts as issued only on the date in the clerk's confirmation, and staff can take up to 3 business days.
  • If the date is days away, file in person at the court office, or ask the court office how to file the same day.
  • The court fee is the same. Read: how to fill in Form 7A.

Special notice rules

Some defendants have extra notice rules with short deadlines. A claim against a municipality for a road or bridge defect needs written notice within 10 days of the injury. The notice gives the date, time, and location. Serve it on the municipal clerk, or send it by registered mail. A judge can excuse late notice only with a reasonable excuse and no prejudice to the municipality. Get advice fast if your claim is against a city, a town, a school board, or a government body.

What to do

  1. Write down the key dates: the agreement, the due date, the day you found the problem.
  2. Use the deadline calculator now: /calculators/deadlines.
  3. Is the deadline near? File the claim to protect it. You can settle at any time after.
  4. Did the deadline pass? Get legal advice; some cases have exceptions.

A second 2-year clock

After you file, the case gets its own clock. The clerk must dismiss the case at its 2nd anniversary if it has not moved to a judgment step or a trial-date request. Exceptions: an accepted offer filed with the court, a Defence that admits the claim and proposes payments, or a plaintiff under disability at that time.

Common mistakes

  • Do not rely on a spoken promise to pay. Only a signed written acknowledgment or a part payment restarts the clock.
  • Do not assume the clock starts on the invoice date. It starts at discovery.
  • Do not confuse the 2 clocks: 2 years to start the case, then 2 years of court life before dismissal for delay.

When to get a lawyer

Get legal advice fast if your deadline is near, or has passed. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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