On January 1, 2019, fundamental changes to the law of limitation periods in Ontario took effect, resulting in the potential to irreversibly lose the right to pursue recovery on certain claims. On that date, claims based on acts or omissions which took place before January 1, 2004 will be statute-barred by the “ultimate limitation period” under Ontario’s Limitations Act. It is important to remember that regardless of when the claim arising from a loss is “discovered”, the Limitations Act imposes a 15-year ultimate limitation period. Claims arising from such losses which took place 15 years prior to January 1, 2019 will be statute-barred or, thereafter, on their 15th anniversary (if the claim arose after January 1, 2004). Practically, as an example, it is possible that property damage just recently discovered already is or may soon be statute-barred by the ultimate limitation period. If you have any such claims or potential claims, you must ensure that the limitation period is properly protected to avoid a complete bar to your right to sue.
If you have any questions or comments regarding the ultimate limitation period, feel free to contact us.