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Ontario|Small Claims CourtGeneral Information 537 Time limits for starting a lawsuit If someone has violated your legal rights and caused you to suffer a loss, you may be able to start a lawsuit against them. However, you must start your lawsuit within a certain period of time. The type of claim you are bringing will determine the time period which applies. Before you spend the time and money to start a lawsuit you will need to know what the time limit is for your type of claim.
- How to calculate time limits
Time limits for starting a lawsuit are usually calculated from the day that the problem took place or the day that you realized or found out about the problem. There are four common types of cases that each have specific time limits for starting a lawsuit.
- Common time limits for starting a lawsuit
First, cases involving a broken agreement or contract, normally must be started within 6 years from the day when the agreement was broken. Second, cases involving damaged property or a personal injury suffered through somebody else's negligence normally must be started within 6 years from the day that the damage or injury occurred. Third, cases involving an assault or threat of violence have a 4 year time limit from the day the injury or threat happened. And fourth, libel and slander cases, where one person has written or said something harmful about someone else, normally must be started within 2 years.
- Shorter Time Limits
Certain types of legal actions have short time limits. For example, if you are bringing a lawsuit against an insurance company for refusing to pay your claim, you must start the legal action within one year of making your claim. If you want to take legal action against a municipality or a government agency, you may have to give them notice of your claim, for example if you fell on an icy sidewalk, or if you were injured due to a badly maintained road. These time periods can be very short, and they will affect your right to bring a lawsuit, so you should check on this aspect of your case as soon as possible.
If you are uncertain about whether you are too late to start a lawsuit, you should consult a lawyer as soon as possible.
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