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Limitation Period in Ontario: Timely Legal Action Required
In Ontario, a limitation period is the legally prescribed window of time within which you must start a legal claim. Miss the deadline and your claim may be permanently barred, regardless of how strong it is. For employees dealing with wrongful dismissal, workplace harassment, discrimination, or unpaid wages, understanding which limitation period applies and when it starts running is one of the most important steps in protecting your rights.
Unsure how much time you have left to pursue your employment claim?
Limitation periods in Ontario are strict. Courts and tribunals have very limited flexibility once a deadline has passed. Get advice as soon as possible — the sooner you act, the more options you have.
Call: 1-800-771-7882 Speak With an Employment LawyerWhat is a limitation period?
A limitation period is a legal deadline for starting a claim. If you do not commence legal proceedings before the limitation period expires, your right to pursue that claim is permanently lost, regardless of its merits. Limitation periods exist to encourage prompt resolution of disputes, ensure evidence stays fresh, and provide fairness and legal certainty for all parties. They are strictly enforced, and the consequences of missing one are severe.
Key limitation periods for employment claims in Ontario
Under the Limitations Act, 2002, most civil employment claims including wrongful dismissal must be started within two years of the date the claim was discovered.
Applications to the Human Rights Tribunal of Ontario must be filed within one year of the last discriminatory act or the date you became aware of it.
Ministry of Labour complaints for unpaid wages, overtime, or vacation pay under the Employment Standards Act, 2000 must be filed within two years of the violation.
Harassment complaints before the Human Rights Tribunal of Ontario must be filed within one year of the last incident of harassment or discrimination.
Under the Limitations Act, 2002, no claim can be brought more than 15 years after the act that gave rise to it, regardless of discoverability.
Ontario limitation periods by claim type: quick reference
| Claim type | Limitation period | Starting point | Governing legislation |
|---|---|---|---|
| Wrongful dismissal | 2 years | Date of discovery (often termination date or date severance is refused) | Limitations Act, 2002 |
| Human rights complaint (discrimination) | 1 year | Date of last discriminatory act or date of discovery | Ontario Human Rights Code |
| Workplace harassment complaint | 1 year | Date of last incident of harassment | Ontario Human Rights Code |
| Unpaid wages (ESA complaint) | 2 years | Date wages were due and not paid | Employment Standards Act, 2000 |
| Unpaid overtime | 2 years | Date overtime wages were owed | Employment Standards Act, 2000 |
| Constructive dismissal | 2 years | Date of discovery — often when the employee resigned or when changes were imposed | Limitations Act, 2002 |
| Breach of employment contract | 2 years | Date of discovery of the breach | Limitations Act, 2002 |
| Ultimate limitation period | 15 years | Date the act giving rise to the claim occurred | Limitations Act, 2002 |
The discoverability rule: when does the clock actually start?
Under the Limitations Act, 2002, the two-year limitation period does not automatically start on the date of the event. It starts when you knew or ought to have known that the loss occurred, that it was caused by the party you are claiming against, and that a legal remedy is available. This is called the discoverability rule.
In the wrongful dismissal context, this means the limitation period may not start on your termination date. It may start later, for example when it becomes clear that your employer will not be providing proper notice or severance. For constructive dismissal, it may start when the employer made the unilateral change, or when you resigned and took the position that you were constructively dismissed. The starting point is fact-specific and worth confirming with a lawyer.
Were you harassed or discriminated against at work in Ontario?
The limitation period for a human rights complaint is one year from the last incident. Many employees miss this deadline without realizing it. If you experienced workplace harassment or discrimination, get advice now before the window closes.
Speak With a Human Rights Lawyer Or call us: 1-800-771-7882Exceptions to limitation periods in Ontario
The Limitations Act, 2002 provides narrow exceptions that may pause or extend a limitation period in specific circumstances. These include where the claimant is a minor and the claim has not been discovered, where the claimant is mentally incapable of commencing a claim, and where the defendant acknowledges the claim in writing before the deadline expires. These exceptions are strictly interpreted and fact-specific. Do not assume an exception applies to your situation without getting legal advice.
Common mistakes employees make with limitation periods
Frequently asked questions about limitation periods in Ontario
What is the statute of limitations in Ontario for employment claims?
Ontario does not use the term "statute of limitations" — the correct term is limitation period. Most civil employment claims, including wrongful dismissal and breach of contract, must be commenced within two years under the Limitations Act, 2002. Human rights complaints before the HRTO must be filed within one year. ESA complaints for unpaid wages must be filed within two years. The exact starting point for each deadline depends on when the claim was discovered.
How long do I have to sue my employer in Ontario?
For most civil employment claims including wrongful dismissal and constructive dismissal, you have two years from the date you discovered the claim. For human rights complaints before the HRTO, you have one year. For ESA complaints about unpaid wages or overtime, you have two years. Acting sooner rather than later is strongly advisable because evidence becomes harder to obtain and options become more limited as time passes.
What is the statute of limitations for harassment in Ontario?
For workplace harassment that constitutes discrimination under the Ontario Human Rights Code, the limitation period for filing an application with the Human Rights Tribunal of Ontario is one year from the last incident of harassment or the date you became aware of it. This is one of the most commonly missed deadlines in Ontario employment law. If you experienced workplace harassment, do not delay.
What is the limitation period for wrongful dismissal in Ontario?
The limitation period for a wrongful dismissal claim in Ontario is two years under the Limitations Act, 2002, starting from the date the claim was discovered. This is typically around the date of termination, but the discoverability rule may shift the start date in some circumstances, for example where it was not immediately clear that the employer would fail to provide proper notice or severance.
What is the Ontario employment standards claim time limit for unpaid wages?
Ministry of Labour complaints for unpaid wages, unpaid overtime, or vacation pay under the Employment Standards Act, 2000 must be filed within two years of the date the wages were due. This means you can typically recover up to two years of back wages through an ESA complaint, but amounts owed from before that two-year window are generally not recoverable through this process.
What is the 15-year limitation period in Ontario?
The Limitations Act, 2002 includes an ultimate limitation period of 15 years from the date the act giving rise to the claim occurred. This is an absolute backstop that applies regardless of the discoverability rule. Even if you did not discover your claim until recently, no claim can be brought more than 15 years after the underlying act took place.
Does negotiating with my employer pause the limitation period?
Generally, no. Ongoing negotiations with your employer or discussions about severance do not automatically pause the limitation period. The clock keeps running regardless of whether settlement discussions are ongoing. If negotiations are dragging on and you are approaching the two-year mark, get legal advice immediately to ensure your right to commence a claim is protected.
Can the limitation period be extended in Ontario?
In limited circumstances, yes. The Limitations Act, 2002 allows for the limitation period to be paused where the claimant is a minor, where the claimant is mentally incapable of commencing a claim, or where the other party has acknowledged the claim in writing before the deadline. These exceptions are narrowly applied and fact-specific. Do not assume an exception applies without legal advice.
What is the limitation period for a human rights complaint at the HRTO?
Applications to the Human Rights Tribunal of Ontario must be filed within one year of the last discriminatory act or the date you became aware of it. The Tribunal has discretion to extend this deadline in limited circumstances where there are good reasons for the delay and the respondent would not be substantially prejudiced, but extensions are not guaranteed. Filing on time is the only reliable protection.
Dealing with workplace harassment or discrimination in Ontario?
The one-year HRTO deadline is strict and often closer than employees realize. If you experienced harassment, discrimination, or a denial of accommodation at work, speak with a lawyer before the window closes.
Call: 1-800-771-7882 Speak With a Harassment LawyerSpeak with an Ontario employment lawyer about your limitation period
If you are unsure how much time you have left to pursue a wrongful dismissal, human rights, or employment standards claim, our team can help you assess your situation and act before your deadline expires. We advise employees across Ontario on employment disputes, human rights complaints, and workplace claims. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation.