CROSSING THE THRESHOLD: WHEN DOES THE LIMITATION PERIOD CLOCK START TO TICK?
Author(s): Stephen M. Birman
June 1, 2015
Generally, civil litigants have 2 years from the date that their claim is “discovered” to commence a civil proceeding. Typically, the discovery date will coincide with the date the act or omission, on which the claim is based, occurred.
The Ontario Limitations Act states that a claim is presumed to have been discovered on the day the act or omission, on which the claim is based, took place, unless the contrary is proven.
In third party claims arising from motor vehicle accidents, the question of when the limitation period begins to run is complicated by the so-called “Threshold”, which is set out under s.267.5(5) of the Insurance Act.