16 Aug What is a Limitation Period?
A limitation period sets out to put a time limit on when someone can file a claim against another. In legal terms, the limitation period is the set amount of time an aggrieved person can file a “claim” against another person “to remedy injury, loss, or damage that occurred as a result of an act or omission”.
How is the limitation period related to employment law? The limitation period would be in effect when an employee decides, for example, to file a wrongful dismissal claim. The employee will have two years after the employer has provided notice, to file their wrongful dismissal claim. Even if the employee is in the midst of negotiations about the same case, if these negotiations surpass two years, the case is no longer viable to the courts.
Basic Limitation
The basic limitation period is defined under the Limitations Act, 2002, or by common law, stating that the limitation period can be no longer than two years. The aggrieved person needs to file a claim within two years of having knowledge of the act or omission. In Ontario, if the claim is against the province or municipality, then the claimant only has ten days to give their notice as opposed to two years after the encounter to file the claim.
The two-year limitation does not apply if: the claimant does not have a litigation guardian (someone who is a natural guardian of the claimant, or anyone who cares to represent the claimant), the claimant is a minor, the claimant is physically, mentally, or psychologically unable to begin the proceedings.
If you want to know more about the limitation period or need to file a claim to remedy a loss you have experienced in the workplace, contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.
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