HOW MUCH TIME DO I HAVE TO SUE?
In Ontario, numerous rules and procedures govern lawsuits but limitation periods are one of the most important to understand when considering your rights and deciding whether to commence a lawsuit.
The basic limitation period to pursue most claims is two years and is set out in the Limitations Act. If you want to sue someone to recover damages, generally you need to do so within two years of the date of loss or injury. Other limitation periods may apply to other specific situations. For instance some insurance contracts may contain a clause that substantially shortens the limitation period - a term known as “contracting out."
In some circumstances there may also be notice provisions you must adhere to before you can sue. If you slip and fall on a municipal sidewalk, for instance, you have 10 days from the date of the incident under the Municipal Act to give notice to the municipality. Not taking the appropriate steps within the appropriate timelines could leave you without a legal remedy - even if there is a legal basis to work towards the resolution you deserve.
If you have suffered a loss, we encourage you to get legal advice without delay to ensure your rights are preserved. Contact Kelly Greenway Bruce and let our staff assist you with your legal concerns.
The above information is of a general nature and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.