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Limitation deadlines

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What is the time frame within which a person must initiate a lawsuit?

Limitation periods refer to the specified time frames within which legal proceedings must be initiated. Failure to adhere to these limits results in the loss of the right to commence a lawsuit.

In Ontario, the Limitations Act, 2002, S.O. 2002, Chapter 24, Schedule B, establishes a general limitation period of two (2) years, subject to certain exceptions, beyond which the right to sue will expire permanently.

While the Limitations Act is a universal statute, other Acts may override it in situations where specific limitation periods apply. Limitation periods serve to provide a sense of security to potential defendants by indicating when the risk of litigation has ceased, and any right of action has become invalid or expired. Consequently, the obligation to preserve potential evidence is reduced, and the services of a retained paralegal may be terminated.

Once a limitation period has lapsed, the potential defendant is freed from further worry or concern, as the right to pursue legal action is barred by statute. In the event that legal action is commenced after the expiration of the limitation period, it will likely be dismissed, as there are limited exceptions to limitation rules.

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