What is the limitation period for tort claims in Ontario?

The limitation period for tort claims in Ontario is typically two years from the date the claim is discovered. This discovery rule takes into account that a claimant may not immediately be aware of the injury or the associated harm, as well as the cause of action. The two-year timeframe allows individuals to seek legal recourse within a reasonable period after they are aware of their injury, ensuring both the rights of claimants and the interests of potential defendants, who benefit from certainty regarding stale claims.

This timeframe is outlined in the Limitations Act, which aims to strike a balance between providing adequate time for victims to pursue legal actions while preventing defendants from facing indefinite uncertainty regarding potential liabilities. In practice, this means a plaintiff has two years to commence their action from the moment they knew, or ought to have known, the essential facts of the claim.

This understanding is essential for legal practitioners, ensuring they advise clients correctly on the timing associated with initiating tort claims in Ontario's legal framework. The other choices present alternative timeframes that do not align with the established legal standard and thus would be inaccurate in the context of Ontario's limitation periods for tort claims.