What is the limitation period for commencing a tort claim in Ontario?

The correct answer is that the limitation period for commencing a tort claim in Ontario is two years from the date of injury or from the date of discovery of the injury. This means that an injured party generally has two years to file a claim, starting either from the moment the harmful event occurred or from the time they became aware of the injury and its connection to a specific defendant's actions.

This framework is important as it balances the ability of individuals to seek justice with the need for legal certainty and protection for those being accused of wrongdoing. If a person is unaware of their injury until some time has passed, the law allows for the limitation period to begin from the date of discovery, which recognizes that not all injuries are immediately apparent. This two-year window is meant to promote timely resolution of disputes while also ensuring that claims are brought forward before evidence deteriorates or memories fade.

In contrast, other periods mentioned, such as one year or three years from the date of injury, do not align with the legislative framework outlined in the Limitations Act in Ontario, which specifically provides the two-year period for tort claims. Additionally, while there may be certain cases that allow claims to be brought forward after five years, this generally pertains to different legal contexts or specific types