“Missing a limitation period is a lawyer’s nightmare” – so warns LAWPRO, Ontario’s professional liability insurer on their website.
Keeping track of notice periods in Ontario’s general Limitations Act, as well as those contained in many other individual provincial and federal statutes is certainly not easy. So, here’s a quick roundup of current resources to help you identify limitation periods applicable to a range of causes of action, and stay current on changes to the relevant statutes:
Free online sources
- Limitation Period Resources (PracticePro)
Includes:
Limitations and Notice Period chart covers the most common civil claims and provides links to legislation and selected cases.
Real Property Limitations Act chart covers the specific requirements that apply when dealing with actions related to real property.
Common Limitation Period Pitfalls and How to Avoid Them
- Avoid a Claim (PracticePro)
Features practical and timely limitations period updates. See “New 60 Day Notice Requirement in Occupiers’ Liability Act (Injury from Snow or Ice) Overview”.
Loose leaf services
- Federal Limitation Periods, 2nd ed. (LexisNexis Canada loose leaf) Print.
- Ontario Limitations Manual, 3rd ed. (LexisNexis Canada loose leaf) Print.
- Guide to Ontario and Federal Limitation Periods (Thomson Reuters loose leaf) Print and on ProView.
And for more in-depth research into issues related to the law of limitations, from discoverability to amending pleadings, these two texts make great starting points:
- Graeme Mew, The Law of Limitations, 3rd ed. (LexisNexis Canada, 2016) Print and on Lexis Advance Quicklaw.
- Paul M. Perell and John W. Morden, The Law of Civil Procedure in Ontario, 4th ed. (LexisNexis Canada, 2020) Print and on Lexis Advance Quicklaw.
See Chapter 2 – Preliminary Considerations – Notice and Limitation Periods
Know How 