If you’re considering taking someone to Small Claims Court in Ontario, you need to act within the legal time limit, known as the limitations period. Missing this deadline could mean losing your right to sue—even if you have a strong case.

This guide explains what a limitations period is, how long you have to file a claim, and what exceptions might apply.

1. What Is a Limitations Period?

A limitations period is the legal deadline by which you must file a lawsuit. If you miss this deadline, the court will likely dismiss your case, and you may lose the chance to recover money or enforce your rights.

📌 Why do limitations periods exist?

• They ensure cases are brought forward while evidence is still fresh.
• They protect defendants from being sued years after an incident.
• They create legal certainty for all parties involved.

For more on Ontario’s legal system, check Ontario’s Limitations Act.

2. What Is the Limitations Period for Small Claims Court?

In Ontario, the standard limitations period for Small Claims Court is 2 years.

📌 This means you must file your claim within 2 years from the date you discovered the issue.

✅ Examples of when the 2-year clock starts:

• If you loaned someone money and they didn’t repay it, the clock starts on the date of the missed payment.
• If someone damaged your property, the clock starts on the date the damage occurred.
• If you were overcharged for a service, the clock starts when you realized the mistake.

🚨 If you miss the deadline, your case may be dismissed unless an exception applies.

For more details, check How to File a Small Claims Lawsuit.

3. Are There Exceptions to the 2-Year Limitations Period?

Yes, there are certain situations where the limitations period may be extended or delayed.

📌 Common exceptions include:

✅ The Discovery Rule – If you didn’t realize you had a claim right away, the 2-year clock starts when you discovered the issue, not when it originally happened.

✅ Defendant Fraud or Concealment – If the other party hid important information from you, the court may allow more time to file.

✅ Cases Involving Minors – If the person filing the lawsuit was under 18, the limitations period doesn’t start until they turn 18.

✅ Persons with Disabilities – If someone was unable to take legal action due to a disability, the limitations period may be extended.

🚨 Important: These exceptions don’t apply automatically—you may need to argue your case in court.

For guidance, check When Exceptions Apply to Limitations Periods.

4. What Happens If You Miss the Deadline?

If you file a claim after the limitations period has expired, the defendant can ask the court to dismiss your case.

📌 Possible outcomes if you miss the deadline:✅ The defendant raises a limitations defence, and the case is dismissed.✅ The court considers an exception, but you must prove why the deadline should be extended.✅ You may lose your right to recover money or enforce a contract.

🚨 Even if you have a strong case, missing the deadline can ruin your chances of winning.

For legal advice, contact Carson Frankum for assistance.

5. How to Ensure You File on Time

To avoid missing the deadline, follow these best practices:

✅ Know the Start Date – Identify when the clock starts for your case.✅ Act Quickly – Start gathering evidence and preparing your claim as soon as possible.✅ Consult a Paralegal – A legal expert can help confirm deadlines and file your case properly.✅ Keep Written Records – Document key dates, emails, agreements, and payments related to your claim.✅ Don’t Wait Until the Last Minute – Courts can be busy, and filing delays could cost you your case.

For help preparing your case, check How to Win in Small Claims Court.

Final Thoughts: Don’t Miss Your Chance to File

📌 Key Takeaways:

• The standard limitations period for Small Claims Court in Ontario is 2 years.
• Certain exceptions apply, such as fraud, minors, or delayed discovery of a claim.
• If you miss the deadline, the court may dismiss your case entirely.
• Act quickly, gather evidence, and consult a paralegal to ensure you file on time.

🚀 Need help filing a claim before time runs out? Contact Carson Frankum today for expert legal assistance.