Limitation Periods - Personal Injury, Family Law, and Estates

If you think you may have a claim for compensation, as the result of suffering injuries from an accident or separating/divorcing your former spouse, for example, you should be aware of the limitation periods that exist which may bar you from making a claim in the future. The following are merely general guidelines and should not be construed or interpreted as defining and/or applying a limitation period to your particular circumstances without consulting a lawyer to review your specific case.  The general limitation period in Ontario is 2 years for claims relating to torts and contracts (The Limitations Act).  The clock starts ticking when the potential claim is discovered or should have been discovered by a reasonable person.  This can be somewhat vague and is often the subject of dispute during court proceedings. 

In Family Law matters, the limitation period for equalization of property is the earlier of: 6 years from the date of separation, 2 years from date of divorce, or 6 months from the death of your former spouse (Family Law Act).  In Estate Law, the limitation period for estate trustees to bring a tort claim is 2 years from the date of the deceased's death (Trustee Act).

Understandably, it is imperative that you initiate proceedings as soon as possible.  Otherwise, you risk being barred from making your claim and being compensated.  If you are concerned you are running out of time to bring your claim, it is advisable that you consult a lawyer immediately.