Limitation period

A limitation period is the time limit set by statute within which a legal proceeding must be commenced. Once the period expires, the claim is statute-barred: the defendant can rely on the limitation defence to have it dismissed regardless of its merits. Each province and territory has its own limitations legislation, and many modern statutes pair a basic period running from when the claim was discovered (or ought to have been discovered) with an ultimate period running from the events themselves.

Limitation analysis is among the first steps in assessing any civil claim, and missing a deadline is a classic source of professional negligence claims against lawyers. The rules vary by jurisdiction and claim type, with special regimes for matters such as claims against governments and exceptions for certain claims, so the governing statute and its case law must be checked for the specific province and cause of action; no single rule applies across Canada.