Limitation Periods Across Canada: When You Must File Your Claim (2026 Guide)

Every civil claim in Canada has a limitation period — a deadline after which you lose the right to sue, no matter how strong your case is. Miss this deadline and the court will dismiss your claim, permanently.

This guide covers limitation periods across all Canadian provinces and territories, the key exceptions, and what to do if you are approaching a deadline.

Important disclaimer: This article is for general informational purposes only and does not constitute legal advice. Limitation periods are complex and vary by province, type of claim, and individual circumstances. For advice specific to your situation, consult a licensed lawyer.

What Is a Limitation Period?

A limitation period is the maximum amount of time you have to start a legal proceeding after a claim arises. Once the limitation period expires, your claim is statute-barred — meaning the defendant can have it dismissed, and the court must do so.

Limitation periods exist for several reasons:

Certainty: People should not live indefinitely under the threat of a lawsuit
Evidence preservation: As time passes, evidence deteriorates, witnesses forget, and records are lost
Finality: At some point, disputes should be considered settled

The Discoverability Principle

In most Canadian provinces, the limitation period does not start running from the date the wrongful act occurred. Instead, it starts from the date you discovered (or reasonably ought to have discovered):

That you suffered a loss or injury
That the loss or injury was caused by the defendant's act or omission
That a legal proceeding would be an appropriate remedy

This is called the discoverability principle. It protects plaintiffs who could not reasonably have known about their claim when the wrongful act occurred — for example, in cases of latent construction defects, medical malpractice that is not immediately apparent, or fraud.

However, discoverability does not extend indefinitely. Most provinces also have an ultimate limitation period (typically 15 years) that runs from the date of the act or omission, regardless of when the claim was discovered.

Province-by-Province Limitation Periods

Ontario

| Type | Period | Legislation | |------|--------|-------------| | Basic limitation period | 2 years from discovery | Limitations Act, 2002, s. 4 | | Ultimate limitation period | 15 years from act/omission | Limitations Act, 2002, s. 15 |

Ontario's Limitations Act, 2002 applies to most civil claims. Some exceptions exist for claims against municipalities (shorter periods) and certain other specific claims.

For more on Ontario civil claims, see our guides to Small Claims Court in Ontario and Statements of Claim in Ontario.

British Columbia

| Type | Period | Legislation | |------|--------|-------------| | Basic limitation period | 2 years from discovery | Limitation Act, S.B.C. 2012, c. 13, s. 6 | | Ultimate limitation period | 15 years from act/omission | Limitation Act, s. 21 |

BC's Limitation Act (in force since June 1, 2013) follows a structure similar to Ontario's.

See our guides to BC Small Claims Court and the BC Civil Resolution Tribunal.

Alberta

| Type | Period | Legislation | |------|--------|-------------| | Basic limitation period | 2 years from discovery | Limitations Act, R.S.A. 2000, c. L-12, s. 3 | | Ultimate limitation period | 10 years from act/omission | Limitations Act, s. 3(1)(b) |

Note that Alberta's ultimate limitation period is 10 years, shorter than the 15-year period in Ontario and British Columbia.

See our guide to civil claims in Alberta.

Quebec

| Type | Period | Legislation | |------|--------|-------------| | General prescriptive period | 3 years | Civil Code of Québec, art. 2925 |

Quebec operates under a civil law system, not common law. The concept is called prescription rather than limitation. The general prescriptive period for personal actions (including contract and tort claims) is 3 years from the date the right of action arises. Quebec does not use the same discoverability framework as common law provinces, though analogous principles may apply.

See our guide to small claims in Quebec.

Saskatchewan

| Type | Period | Legislation | |------|--------|-------------| | Basic limitation period | 2 years from discovery | The Limitations Act, S.S. 2004, c. L-16.1, s. 5 | | Ultimate limitation period | 15 years from act/omission | The Limitations Act, s. 7 |

See our guide to small claims in Saskatchewan.

Manitoba

| Type | Period | Legislation | |------|--------|-------------| | Basic limitation period | 2 years from discovery | The Limitation of Actions Act, C.C.S.M. c. L150, s. 2.1 | | Ultimate limitation period | 15 years from act/omission | The Limitation of Actions Act, s. 2.1(2) |

See our guide to small claims in Manitoba.

New Brunswick

| Type | Period | Legislation | |------|--------|-------------| | Basic limitation period | 2 years from discovery | Limitation of Actions Act, S.N.B. 2009, c. L-8.5, s. 5 | | Ultimate limitation period | 15 years from act/omission | Limitation of Actions Act, s. 17 |

See our guide to small claims in New Brunswick.

Nova Scotia

| Type | Period | Legislation | |------|--------|-------------| | Basic limitation period | 2 years from discovery | Limitation of Actions Act, S.N.S. 2014, c. 35, s. 8 | | Ultimate limitation period | 15 years from act/omission | Limitation of Actions Act, s. 11 |

See our guide to small claims in Nova Scotia.

Prince Edward Island

| Type | Period | Legislation | |------|--------|-------------| | General limitation period | 6 years for most claims | Statute of Limitations, R.S.P.E.I. 1988, c. S-7, s. 2(1)(d) |

PEI's limitation framework is older and does not follow the uniform 2-year discovery model used in most other provinces. Different types of claims have different periods. Check the specific limitation period for your type of claim.

See our guide to small claims in Prince Edward Island.

Newfoundland and Labrador

| Type | Period | Legislation | |------|--------|-------------| | Basic limitation period | 2 years from discovery | Limitations Act, S.N.L. 1995, c. L-16.1, s. 5 | | Ultimate limitation period | 15 years from act/omission | Limitations Act, s. 14 |

See our guide to small claims in Newfoundland and Labrador.

Territories

| Territory | General Period | Legislation | |-----------|---------------|-------------| | Northwest Territories | Various (often 6 years) | Limitation of Actions Act, R.S.N.W.T. 1988, c. L-8 | | Yukon | Various (often 6 years) | Limitation of Actions Act, R.S.Y. 2002, c. 139 | | Nunavut | Various (often 6 years) | Limitation of Actions Act, R.S.N.W.T. 1988, c. L-8 (as duplicated for Nunavut) |

The territories have not adopted the uniform 2-year discovery model. Limitation periods vary by type of claim.

Special Limitation Periods

Some claims have shorter limitation periods than the general rule:

| Claim Type | Typical Period | Notes | |-----------|---------------|-------| | Claims against municipalities | Often 10 to 60 days for notice; 2 years to sue | Varies by province. Many require written notice within days of the incident | | Defamation | Often 2 years, sometimes shorter | Some provinces have specific defamation limitation periods | | Employment standards complaints | Varies by province | Provincial employment standards legislation sets its own deadlines | | Human rights complaints | Typically 1 year | Federal and provincial human rights codes set their own deadlines | | Workers' compensation | Varies | Workers' compensation legislation operates outside the civil courts |

Always check whether your specific type of claim has a special limitation period shorter than the general rule.

Exceptions: When the Clock Stops or Extends

The limitation clock may be suspended (stopped) or extended in certain circumstances:

Minors and Incapable Persons

If the plaintiff is a minor (under 18 in most provinces) or is incapable of commencing a proceeding (due to mental incapacity), the limitation period may be suspended until the disability is removed.

Fraud or Concealment

If the defendant concealed the wrongful act or committed fraud, the limitation period may be extended. In many provinces, the discoverability principle already accounts for this, but some statutes provide additional protection.

Acknowledgment or Part Payment

If the defendant acknowledges the debt or makes a partial payment, this may restart the limitation period from the date of the acknowledgment or payment.

Agreements to Extend

In some provinces, the parties can agree in writing to extend the limitation period (within certain limits).

What to Do If You Are Close to the Deadline

If your limitation period is about to expire:

File immediately. You can always discontinue later, but you cannot file after the deadline.
Do not wait for a response to your demand letter. If the deadline is approaching, file first and negotiate second.
Get legal advice. A lawyer can quickly assess whether your claim is within time and file the necessary documents.
Know that filing stops the clock. Once the claim is filed (issued by the court), the limitation period is satisfied, even if service on the defendant takes additional time.

How ProSe Can Help

ProSe helps Canadians prepare court documents — including demand letters, Statements of Claim, and Small Claims Court filings — through a straightforward questionnaire. If you need to file before a limitation period expires, ProSe can help you get your documents prepared quickly.

Start for free at BeProSe.ca — your first document costs nothing.

Key Resources

Ontario — Limitations Act, 2002 — ontario.ca/laws
British Columbia — Limitation Act — bclaws.gov.bc.ca
Alberta — Limitations Act — albertacourts.ca
Quebec — Civil Code of Québec — legisquebec.gouv.qc.ca
CanLII — canlii.ca (free access to Canadian legislation and case law)
Steps to Justice (Ontario) — stepstojustice.ca

Last reviewed: April 2026. Limitation periods are governed by provincial and territorial legislation that can change. Always verify the current limitation period for your specific type of claim and jurisdiction before filing.

This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed lawyer.